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23 Jul 2025

A number of years ago, I was issued a B-1/B-2 visa, which expires in 2028. It was issued through my previous employer, with whom I’m no longer associated. Am I still allowed to travel to the U.S. on this visa?

Answer Generally speaking, a B-1/B-2 visa is not tied to any particular employer and remains valid through the date indicated on the visa. (22.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:52 / B-1 / B-2 / FAQs / For Individuals / H1B / Travel / Visitor / Worker
23 Jul 2025

My application to change status to H-4 is currently pending. Can I change to a new H1B employer while my spouse’s change of status is still pending?

Answer Yes, the H-4 application is not tied to the H1B worker’s employer. As long as the H1B spouse has maintained valid status, the other spouse normally is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (22.Jul.2025)Sheela Murthy and other...

07:47 / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Worker
16 Jul 2025

My husband recently passed away. He had an approved I-140 petition, and I was listed as his derivative spouse. Am I allowed to apply for a green card based on his petition?

Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...

07:18 / Employment Based / FAQs / For Families / For Individuals / Resident
16 Jul 2025

I have an approved I-140 that was self-sponsored in the EB1(a) category. Can my husband use this as a basis to apply for an H-4 EAD?

Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:13 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
16 Jul 2025

After being laid off from my H1B job, I applied for a change of status to H-4. That application has been pending for several months. I now have a new job offer, and the employer will file an H1B for me. Am I allowed to sign their offer letter now, or do I need to wait for the H1B to be approved?

Answer The rules regarding whether a particular activity may be considered unauthorized employment are fairly vague. However, it seems very unlikely that the USCIS would view signing an offer letter as a form of unauthorized employment. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:10 / FAQs / For Individuals / H1B / Worker
09 Jul 2025

I am working on H1B and my employer has agreed for me to work from India for a few months, due to family reasons. I read online that there is a limit to how long an H1B worker may remain abroad. Is this true?

Answer We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located...

07:24 / FAQs / For Employers / For Individuals / Travel / Worker
09 Jul 2025

I am working in H1B status in California. My wife, who is on H-4, is due to give birth in a few weeks. Will my child be considered a U.S. citizen?

Answer Yes, as things stand now, a child born in California would still be considered a U.S. citizen.California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance...

07:21 / Citizen / FAQs / For Individuals / H1B / Worker
09 Jul 2025

I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth?

Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)Sheela Murthy...

07:16 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident
02 Jul 2025

I am a green card holder and recently got married to someone in India. Is there a quick way to bring them to the U.S. with a green card?

Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...

14:51 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident