30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

16 Dec 2020

I was recently laid off from my job and am looking for a new employer. I am supposed to travel for a short trip to Canada. Can I travel and then return on H1B before the end of my 60-day grace period?

Answer No, once a person departs the U.S, it generally would not be possible to return during one's grace period. In order to return in H1B status, one would need a valid job offer and H1B petition. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

22 Oct 2020

My attorney is filing my I-485 in October, and then will apply for my EAD and AP after the receipt notice is issued. If the proposed fee increase goes into effect after I file my I-485, will I have to pay the higher fee for my EAD and AP applications?

Answer Currently, the standard filing fee for most I-485 applications, including biometrics, is $1,225 (or $750 for derivatives under 14.) This fee covers the cost of filing for one's employment authorization document (EAD) and advance parole (AP) until such time that the I-485 is adjudicated.There is...

17 Sep 2020

I am in H1B status, and I urgently need to travel overseas. My petition is valid for two more years, but my H1B visa stamp expires in a couple of months. If I return a few weeks before the visa expires, will that be a problem?

Answer So long as the visa "stamp" is still valid at the time the person requests admission in H1B status, the immigration officer at the port of entry generally has discretion to admit the person through the expiration date of the H1B petition (or the expiration...

10 Sep 2020

My father is visiting on B-2 and he was scheduled to depart at the end of March. Due to the pandemic, he had to stay in the U.S., so he filed for a 6-month extension of his B-2 before his I-94 expired. That case is still pending, he is still unable to travel, and the requested end date has nearly arrived. Can he file for another extension?

Answer Yes, ordinarily, it is possible to file for a B-2 extension while the previous B-2 extension is still pending. (10.Sep.2020)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 ©...

26 Aug 2020

I have an approved H1B petition, but am stuck in India and am subject to the executive order. I do not believe I qualify for any of the exceptions. However, I do have a B-1 visa. Can I enter on B-1 and then change to H1B?

Answer A person may not normally enter the U.S. on a B-1 visa with the intention of changing status to H1B. (26.Aug.2020)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...