27 Jul 2023

My parents are visiting me, and I submitted two separate applications online to extend their B-2 status. My father’s case was approved a few weeks ago, but my mother’s case is still pending. Does this mean there’s a problem with her case?

Answer Assuming the case is still within the posted processing times, this generally is not a cause for concern. (27.Jul.2023)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 © 2023,...

27 Jul 2023

My husband is moving to a new project location, and his employer just filed an H1B amendment. Do I need to file an amendment for my H-4 EAD?

Answer No, an H1B amendment typically would not impact the validity of an H-4 spouse's EAD. (27.Jul.2023)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 © 2023, MURTHY LAW FIRM....

27 Jul 2023

I am applying for the new Canadian work visa program designed for H1B workers. If I participate in the program, can I later return in H1B status?

Answer Participating in the Canadian work visa program normally would have no impact on one's ability to return in H1B status. It essentially would be treated no differently than if the individual had returned temporarily to their home country. (27.Jul.2023)Sheela Murthy and other senior attorneys provide...

20 Jul 2023

Last year, my mother came to the U.S. on her B-2 visa and stayed here for 6 months. She is now hoping to come back to the U.S. to attend a wedding, but this travel is not critical. How long does she need to wait before coming back to visit on B-2?

AnswerThere is no set length of time that a person must wait to request readmission on a B-1/B-2 (or B-2) visa. However, U.S. Customs and Border Protection (CBP) officers at the port of entry always have discretion to admit (or deny admission to) a person...

20 Jul 2023

How long is the USCIS taking to adjudicate EAD applications?

AnswerThe USCIS has an online tool available that provides average processing time information for most types of applications and petitions. (20.Jul.2023)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...

20 Jul 2023

My application for optional practical training (OPT) was recently denied, and I wish to file a motion to reopen and/or reconsider the denial. As a backup option, in case the motion is not successful, can I also transfer to another program of study?

Answer Ordinarily, if you transfer your F-1 SEVIS record to another program of study, you will no longer be eligible for OPT based on your previous degree. Therefore, even if the denial decision was issued in error, the USCIS would normally not be able to reopen...