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18 Sep 2025

I just got my green card through an EB1A petition based on my artistic abilities, but since filing for my green card I’ve been working in a different field. Do I have to return to working in the arts now?

Answer Since your green card was granted based on your future work in the arts, the USCIS generally expects you to work in that field for a reasonable time after getting your green card. (17.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

08:25 / Employment Based / FAQs / For Individuals / Resident
18 Sep 2025

When I entered on my B-2 visa a few months ago, I was admitted for six months. I am taking a short trip to Canada and will then return to the U.S. Will I be granted an additional six months when I return?

Answer The U.S. Customs and Border Protection (CBP) officer at the port of entry has the discretion to readmit a B-2 visitor for an additional six months. More commonly, however, the person is readmitted only for the remaining validity of the I-94 issued prior to the...

08:22 / B-2 / FAQs / For Individuals / Travel / Visitor
18 Sep 2025

When I was living in the U.S. in H-4 status, my husband and I mistakenly believed my status was automatically extended when his H1B extension was approved. By the time I learned I was supposed to file a separate H-4 extension, I had already overstayed by more than six months. I immediately left the U.S. and now wish to apply for a waiver to the 3-year bar so I can return H-4. Is there a particular form I need to fill to file this waiver application?

Answer There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
10 Sep 2025

I was in H-4 status and have an H-4 visa stamp in my passport. A few months ago, my husband was laid off and we both changed to B-2 status. He now has a new job, so he changed back to H1B, and I returned to H-4 status. Can I still use my existing H-4 visa stamp?

Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...

07:18 / B-2 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Travel / Visitor / Worker
03 Sep 2025

Once I port my priority date from company A to Company B, does company A’s PERM application automatically become void?

Answer Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140’s PERM application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...

12:27 / Employment Based / FAQs / For Employers / For Individuals / Resident
03 Sep 2025

I used only 3 months of OPT after completing my first master’s degree. I am considering enrolling for a second master’s. If I do this, would I be eligible to get the rest of my OPT period once I complete that program?

Answer The OPT time does not work like H1B time. In most circumstances, once you use any portion of your OP, the rest is ‘use it or lose it.’ (02.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

12:23 / FAQs / For Individuals / Student
27 Aug 2025

I was on H1B and then changed my status to F-1. I now would like to go back to H1B. Can I start working immediately upon getting the receipt number from the USCIS?

Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

13:03 / FAQs / For Employers / For Individuals / H1B / Worker