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06 Apr 2022

I am in B-1/B-2 status and my I-94 will expire in a few weeks. I wish to extend my stay by one month so I can attend an important event. However, I read online that, to extend my status, I need to file the application at least 45 days before my status expires. Is that correct?

Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...

18:30 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor
06 Apr 2022

I am filing H-4 extensions for my son, who turns 21 next year, and my daughter, who is 17. Since my son is only eligible for a 1-year extension, do I have to file separate I-539 applications for my son and daughter, or can I file them together using an I-539 and I-539A?

Answer Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend...

18:22 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
30 Mar 2022

My I-94 is valid until next year, but I wish to resign from my current employer. If I resign and the employer withdraws my H1B petition, am I still eligible for the 60-day grace period?

Answer The fact that an employer withdraws the H1B petition would not normally impact eligibility for the 60-day grace period. So, assuming you otherwise meet the grace period requirements (e.g., you have not violated your status), you should be able to remain in the U.S. in...

16:26 / FAQs / For Individuals / Worker
30 Mar 2022

I have an approved H1B through 2024. My spouse is being transferred to Australia for one year, and I plan on accompanying her and working for the U.S. company remotely. When I return on H1B next year, is there anything special I need to do? Can I still use the same approval notice and visa?

Answer Assuming you will be coming back to work for the same employer in the same position, it generally would be fine to use the existing petition and visa. There is nothing special that you need to do. As a precaution, however, it may be a...

16:24 / FAQs / For Individuals / Travel / Worker
30 Mar 2022

I am working for Company A in H1B status. I have an offer from Company B to work part time for them on evenings and weekends. Is it possible to work for two H1B companies at the same time?

Answer Yes, concurrent employment is permitted. Prior to joining the second employer, that employer should file an H1B petition for you, requesting concurrent employment on the I-129. (30.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

16:14 / FAQs / For Employers / For Individuals / Worker