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...

30 Jan 2020

My H1B petition was approved through February 10. When I last entered the U.S., I was given an I-94 valid through February 20. Does this mean I have until February 20 to file for my H1B extension or amendment?

Answer Yes, but you likely will want your employer to file the extension before reaching this 10-day grace period.Upon admitting a person in H1B status, the Customs and Border Protection (CBP) agent at the U.S. port of entry generally has the discretion to grant the H1B...

23 Jan 2020

I am on OPT, and my current employer is going to submit an H1B registration for me in March. If I travel outside the U.S. while the registration is pending, will that be an issue?

Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that...

16 Jan 2020

I am Indian and have an approved EB2 I-140. If I apply for a national interest waiver (NIW), will that help me get a green card more quickly?

Answer If an NIW I-140 is approved, the case still falls under the EB2 category. So, while the NIW category has certain benefits (e.g., self-sponsorship), it generally will not help with regard to the lengthy backlogs in the visa bulletin. (16.Jan.2020)Sheela Murthy and other senior attorneys...