06 Aug 2020

I applied for a change of status to B-2, but just realized that I forget to include the check for the biometrics fee. Will the USCIS issue an RFE for this fee, or will they just deny it?

Answer If the correct filing fee(s) are not included with an application or petition, the USCIS typically will reject the filing and return the entire package to the applicant or petitioner. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

03 Jun 2020

My mother is in the U.S. in B-2 status, and her I-94 will expire soon. She has no way to return to India, so she is applying to extend her status. She will return to India as soon as flights resume. Will this prevent her from coming back in B-2 status next year?

Answer There is no set limit to the number of times a person may be admitted in B-2 status, or how many times their status may be extended. CBP officers at the port of entry always have discretion to admit (or deny admission) to a person...

14 May 2020

My mother is in B-2 status and her I-94 is about to expire. I filed an extension for her last week, but it is still pending. What happens if her extension is not approved before her I-94 expires?

Answer Normally, if an application to extend B-2 status is timely filed, the applicant remains in a period of authorized stay while the application is pending. (14.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

07 May 2020

I was laid off from my H1B job a few weeks ago, so I filed for a change of status to B-2. I now have a new company willing to sponsor me for an H1B position. Can I start working as soon as the petition is filed?

Answer If you are still within your 60-day grace period, you generally could start working for the new employer upon the filing of the H1B change-of-status petition. The fact that you filed an application to change status to B-2 should not impact your eligibility, assuming it...

09 Apr 2020

I am a British citizen, and entered the U.S. using ESTA. My I-94 was issued through the end of April, but now it appears I may be stuck in the U.S. for a bit longer due to the epidemic. Can I extend my stay?

Answer Ordinarily, a person admitted via ESTA is limited to 90 days in the U.S., without the ability to extend or change status. However, under these unprecedented circumstances, there are some options. First, U.S. Customs and Border Protection (CBP) has advised that people admitted via ESTA...

09 Apr 2020

My mother’s B-2 I-94 is about to expire, and she would like to apply for an extension of stay because of COVID-19. She does not know how long she will have to stay, so she has not yet purchased a new return ticket home. Is a return ticket required to apply for an extension of B-2?

Answer A return ticket is not required to apply for a B-2 extension. It can be helpful in many circumstances; but, given the COVID-19 outbreak, it seems unlikely the USCIS will make an issue of this. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies...

19 Mar 2020

My elderly father entered on a visitor visa about five months ago, and his I-94 is scheduled to expire in about 1 month. I do not think he should travel right now because of the COVID-19 outbreak. Can he extend his stay?

Answer Generally speaking, a person in valid B-1/B-2 status may apply for an extension of stay. Under normal circumstances, the USCIS is often reluctant to approve such applications, as this visa category is generally intended for relatively short trips for business and/or pleasure. However, the USCIS...

06 Feb 2020

Last year, my employer in India asked me to travel to the U.S. to attend a few meetings being held by the U.S. parent company. I was issued a B-1/B-2 visa based on an invite letter from the U.S. company. I am now working for a different Indian company, and have been asked to attend a conference in the U.S. Do I need to get a new B-1/B-2?

Answer Normally, a B-1/B-2 visa is not tied to any particular employer or organization. As long as the B-1/B-2 remains valid, one ordinarily may use it to request admission for any activity that is permissible under B-1 or B-2 status. (06.Feb.2020)Sheela Murthy and other senior attorneys...

07 Nov 2019

I have an L1A visa stamp in my passport and a B-1/B-2 visa stamp. If I want to come to the U.S. for 1 week on vacation. If I enter using my B-1/B-2, will that cause my L1A stamp to be revoked?

Answer There is no prohibition against having multiple visa "stamps" in one's passport. Entering the U.S. using one's B-1/B-2 visa typically would have no impact on the L1A visa. (07.Nov.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...