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11 Aug 2021

I have a valid H1B visa stamp, but my wife’s H-4 visa has expired. We have to travel to India for an emergency. If we cannot get NIEs, I understand we can go to a different country for 2 weeks to get around the COVID travel ban. However, can my wife apply for a visa at a consulate somewhere other than India?

Answer Normally, most U.S. consulates allow third-country nationals to apply for visas. During the pandemic, however, many consulates have imposed additional restrictions. Prior to scheduling your trip, we recommend checking the particular consulate's website for instructions on eligibility to apply as a third-country national.  (11.Aug.2021)Sheela Murthy...

10:40 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
29 Jul 2021

I am going to India to get married, and then am going to honeymoon for two weeks on a Caribbean island. I will apply for a visa at the consulate there. Will I need to also apply for a national interest exception (NIE) because of the travel ban?

Answer The COVID-related travel ban generally applies if the person has been in India (or one of the other restricted countries, such as China, the United Kingdom, and the Schengen area), within the previous 14 days. If a person leaves India and spends 14 days in...

08:16 / FAQs / For Individuals / Travel
22 Jul 2021

I recently was granted an emergency appointment by the consulate to apply for a B-2 visa. Does that mean that my national interest exception (NIE) will be granted?

Answer No, being granted an emergency appointment does not necessarily mean that an NIE will be granted. (22.Jul.2021)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 © 2021, MURTHY LAW...

09:46 / Consulates / FAQs / For Individuals / Travel / Visitor
15 Jul 2021

I have a pending I-485 and a valid advance parole (AP) document. I need to travel to India. Am I subject to the COVID travel ban, or can I use the AP to return to the U.S.?

Answer In the list of exceptions to the COVID-related travel ban, there is no mention of individuals with AP. This presumably means that a person with an AP must obtain a national interest exception (NIE) in order to return to the U.S.Based on anecdotal reports, it...

08:03 / FAQs / For Individuals / Resident / Travel
01 Jul 2021

If I can provide proof that I have been vaccinated, will I be allowed to travel from India to the U.S. on my B-2 visa? If not, are there any updates on when the ban may be lifted?

Answer Unfortunately, being vaccinated does not make a person exempt from the COVID-related travel ban. There are no updates yet as to when the ban may be lifted. (01.Jul.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09:11 / FAQs / For Families / For Individuals / Travel
03 Jun 2021

My wife has an H-4 visa, which was stamped with my previous employer. It is valid through 2022. Do I need to file the H-4 extension now, or can it wait until right before it expires?

Answer First off, if a person is in the U.S., the expiration date of the H-4 visa "stamp" has no impact on one's status. Status generally is determined by one's I-94 expiration date.Second, both H-4 status and the H-4 visa stamp are not tied to any...

07:50 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
27 May 2021

A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?

Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.2021)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 ©...

10:08 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker