Attorneys Law Firm Practicecontact us
09 Sep 2021

Several years ago, my U.S. citizen sister sponsored me for a green card. I now have an employer starting the PERM process for me. Do I need to withdraw the I-130 filed by my sister?

Answer Ordinarily, being sponsored by a family member for a green card would not impact an employer's ability to sponsor you. (09.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...

11:18 / FAQs / For Individuals / Resident / Worker
02 Sep 2021

I am currently in the U.S. and have a valid H1B visa. I wish to travel to India, but I am worried I may get stuck there. Can I apply for a national interest exception (NIE) while I am still in the U.S.?

Answer Unfortunately, the answer appears to be no. Until very recently, it seemed possible to apply for an NIE before traveling abroad. However, the U.S. Embassy in India recently updated its webpage to indicate that "[w]e cannot pre-adjudicate NIEs for applicants not currently in India."  (02.Sep.2021)Sheela...

07:25 / FAQs / For Individuals / Travel / Worker
02 Sep 2021

The U.S. Consulate in Chennai issued me an F-1 visa last week, but it does not contain an annotation verifying that I have an NIE. Do I need to go back to the consulate to get this corrected?

Answer This should not be a cause for concern. F-1 students now are generally eligible for blanket waivers. Therefore, no annotation is needed.  (02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:20 / FAQs / For Individuals / Student / Travel / Worker
02 Sep 2021

My H1B was selected in the first lottery, and the petition was approved. During the second lottery, a registration filed for me by a different employer was selected. I would prefer to work for that employer. Can they file an H1B for me?

Answer Generally speaking, having an H1B cap case approved through one company would not prevent a second company with a selected registration from filing an H1B for the same individual.(02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:16 / FAQs / For Employers / For Individuals / Worker
26 Aug 2021

I am an Indian citizen and was working in the U.S. in H1B status. In 2019, I was hired by the parent company in Toronto, and I have been working in Canada for the past 18 months. I now wish to return to work for the U.S. subsidiary in H1B status. Do I need to first apply for an NIE? If so, can I do that from Canada, or do I have to go to India?

Answer There is no specific COVID-related travel ban for people who are in Canada, regardless of the person's country of citizenship. Travel via the U.S./Canada land border is mainly restricted to essential travel, but travel by air from Canada to the U.S. is being treated the...

09:13 / FAQs / For Individuals / Travel / Worker
26 Aug 2021

Several months ago, the consulate approved my NIE. I was told that, if I travel again, I would need to apply for a new NIE. However, I recently read that NIEs are being issued for 12 months. Does that rule change apply to me?

Answer Yes, if you were granted an NIE for the COVID travel ban, it should be valid for 12 months from the date of issuance, as long as it is being used for the purposes under which it was granted.  (26.Aug.2021)Sheela Murthy and other senior attorneys...

09:10 / FAQs / For Individuals / Travel
19 Aug 2021

I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?

Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with leaving...

07:16 / Employment Based / FAQs / For Individuals / Resident / Worker
19 Aug 2021

I was in the U.S. in H1B status, but am now working from India. My H1B approval will expire in a few weeks, but I do not expect to return to the U.S. until around December. Does my employer need to file my H1B extension before the current one expires?

Answer No, if you are not in the U.S., the H1B extension does not need to be filed before the current one expires.  (19.Aug.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:12 / FAQs / For Employers / For Individuals / Worker
19 Aug 2021

I was in the U.S. working pursuant to STEM OPT. Two weeks ago, I needed to return to India for a family emergency. I have a valid F-1 visa, and now wish to return to the U.S. Do I need to first apply for an NIE?

Answer Initially, the guidance from the U.S. Department of State (DOS) regarding F-1 students returning to the U.S. was extremely vague. Fortunately, the DOS has recently clarified that F-1 students (including those on CPT or OPT) who will resume their programs on or after August 1,...

07:09 / FAQs / For Individuals / Student / Travel