15 Jun 2022

My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?

Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant's anticipated stay in the United States. But even that "rule" only applies to passports issued by countries...

02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

19 May 2022

I was issued a 221(g) by the consulate and asked to submit a few additional documents. What is the processing time for 221(g) cases?

Answer On average, it takes the consulate about four-to-eight weeks to process a 221(g) case. Note that some dropbox applicants are being asked to schedule follow-up 221g interviews. (18.May.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

12 May 2022

A few months ago, I applied for a B-1/B-2 visa to attend a specific conference. The visa was issued, but there was then a change in plans and I did not attend the conference. I now wish to get to the U.S. to attend a different conference. Can I use the existing B-1/B-2 visa, or do I need to reapply?

Answer Although a person may apply for a B-1/B-2 visa for a particular purpose (e.g., to visit family) or a particular event (e.g., attending a specific conference), the B-1/B-2 visa normally is not tied to any specific activity or event. Rather, as long the visa remains...

12 May 2022

My wife and I both need to apply for new visa stamps, and we are both eligible for dropbox appointments. I was able to schedule my appointment in the near future, but there were no slots available for my wife for several months. Do we each need separate dropbox appointment slots, or can she just apply with me during my slot?

Answer Each spouse needs to apply based on his or her individual appointment slot. After the appointments are scheduled, the consulate has discretion to then grant an expedite appointment to the spouse with the later appointment date. There is no guarantee that this will be granted,...

12 May 2022

I reside in Canada and have been offered an IT position by a Canadian company that distributes marijuana. The company’s activities are legal under Canadian law. I have family in the U.S. If I accept this job, will it prevent me from being admitted to the U.S. as a visitor?

Answer U.S. Customs and Border Protection (CBP) has indicated that, if a foreign national is engaged in a marijuana business in Canada, where there is no commerce with the United States, that alone likely would not make the individual inadmissible to the U.S. (12.May.2022)Sheela Murthy and...

28 Apr 2022

I entered the U.S. a few months ago in H-4 status, and my I-94 was only granted through the end of May, based on my passport expiration date. I have now renewed my passport. How can I get my I-94 extended to match my H1B husband’s I-94? Can I go back to the port of entry to get the officer to correct my I-94?

Answer If this was an error by a U.S. Customs and Border Protection (CBP) officer at a port of entry, one normally can contact a CBP deferred inspection site to request that the I-94 be corrected. But here, it does not sound as though an error...

21 Apr 2022

I have a B-1/B-2 visa in my passport, and my L-1 petition was recently approved. My L-1 visa appointment at the consulate is scheduled for June. Can I enter on my B-1/B-2 to attend some meetings, and then fly home before the visa appointment?

Answer Having an approved L-1 petition would not prevent a person from requesting admission on B-1/B-2. The immigration officer at the U.S. port of entry virtually always has discretion to deny a person admission on a B-1/B-2, but having an approved L-1 petition would not prevent...