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19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...

07:18 / Citizen / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:15 / Consulates / FAQs / For Employers / For Individuals / Worker
19 Mar 2025

Last year, my H1B registration was selected in the lottery. However, my H1B petition was denied. The employer filed an appeal on the denial, and that appeal is still pending. Can the employer submit an H1B registration for me again this year?

Answer A pending appeal on an H1B petition would not typically prevent a person from reapplying under the current year’s H1B lottery. (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

07:13 / FAQs / For Employers / For Individuals / Worker
12 Mar 2025

I was born a U.S. citizen but currently am living in India while I finish my studies in university. Am I allowed to sponsor my parents for green cards now, or do I have to move back to the U.S. before beginning the process?

Answer Generally speaking, a U.S. citizen residing abroad who is at least 21 years old may sponsor their parents for a green card. However, they typically would need to establish residence in the United States for the immigrant visa to actually be issued (or demonstrate the...

14:29 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
05 Mar 2025

My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions?

Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity. (05.Mar.2025)Sheela...

15:37 / Employment Based / FAQs / For Employers / For Individuals / Resident