27 Jan 2026

My H1B visa stamping appointment was rescheduled, so I am stuck in India for a number of months. Also, my PERM was just approved. Does my employer need to wait for me to be back in the U.S. before filing the I-140?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (27.Jan.2026)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...

27 Jan 2026

I recently had to renew my passport. Can I use my new passport, along with the unexpired H1B visa stamp in my old passport, to enter the U.S.?

Answer Generally speaking, yes, a person may present a valid H1B visa in an expired passport along with the new, unexpired passport to request admission in H1B status. (27.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

21 Jan 2026

I am currently on OPT and my employer will be filing for me in the H1B lottery. They have agreed to raise my salary to increase my odds of being selected. When would they have to start paying the increased salary, if I am selected?

Answer The employer would not have to start paying the H1B salary until you are actually in H1B status. If you are selected in the lottery, 01.Oct.2026 will be the earliest requested start date. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

21 Jan 2026

I had a religious marriage in India but did not register it. Instead, my spouse and I plan to register our marriage in the U.S. once we arrive. Is this permitted?

Answer Religious marriages in India are often considered legally valid under U.S. law. Therefore, you should register the marriage in India. Failure to do so may leave you without key evidence of the marriage for future immigration benefits. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance...

14 Jan 2026

Do we still get automatic extension of H-4 EADs based on applying for a renewal?

Answer Unfortunately, the rule allowing for the automatic extension of EADs based on a pending renewal was eliminated in October 2025. EAD renewal applications filed on or after 30.Oct.2025 normally are not granted automatic extensions. (13.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

14 Jan 2026

I need to get an English translation of a document that I am submitting to the USCIS. Do I need to pay for an official translation for this to be usable with the USCIS?

Answer Per regulation, “Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language...