Answer The visa is an entry document. Typically, it must be valid at the time the person requests admission to the United States. Once admitted, however, the visa expiration date typically has no impact on the person's status. A person's B-1/B-2 status expiration date normally is...
Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer You cannot apply for a visa "stamp" from within the U.S. just yet, but the U.S. Department of State (DOS) is developing a pilot program to allow certain visa applicants to do this. This stateside visa renewal program is expected to commence later this year...
Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...
Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Unfortunately, this has become a common problem. When filing for an extension online, the biometrics notice generally is sent only electronically through the USCIS online portal; no physical notice is mailed to the applicant. If the applicant misses the appointment and is not able to...
Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...
Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...
Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...
