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10 Aug 2023

After entering the U.S. on B-2, my mother was injured and is now undergoing medical treatment. Her I-94 expires in a few weeks, and she applied for a B-2 extension, which is still pending. If the B-2 extension is not approved before her I-94 expires, is she required to leave the U.S.?

Answer Typically, a person in B-2 status who timely files for an extension of stay is permitted to remain in the U.S. in a period of authorized stay based on the pending application.  (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

06:40 / FAQs / For Individuals / Visitor
10 Aug 2023

My PERM case should be approved soon, and my employer will then be filing my I-140. If I leave to temporarily work in Canada under their new work program, would that create any problems with my green card case?

Answer As a general rule, leaving the U.S. during the PERM or I-140 stage would have no impact on one's green card case. (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

06:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
03 Aug 2023

I’m in the U.S. on a B-1/B-2 visa for a business trip. I need to go to Canada for a couple of weeks and then return to the U.S. Will I be readmitted for a full 6-month period when I come back?

Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the U.S.,...

06:32 / FAQs / For Individuals / Travel / Visitor
03 Aug 2023

My father failed the civics portion of his naturalization test. He has now been scheduled for a second interview to take the test again. What happens if he fails it a second time?

Answer Ordinarily, if a naturalization applicant fails the test two times, the N-400 application is denied. (03.Aug.2023)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 © 2023, MURTHY LAW FIRM....

06:28 / Citizen / FAQs / For Individuals
03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

06:24 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
27 Jul 2023

My parents are visiting me, and I submitted two separate applications online to extend their B-2 status. My father’s case was approved a few weeks ago, but my mother’s case is still pending. Does this mean there’s a problem with her case?

Answer Assuming the case is still within the posted processing times, this generally is not a cause for concern. (27.Jul.2023)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 © 2023,...

07:29 / FAQs / For Individuals / Visitor
27 Jul 2023

My husband is moving to a new project location, and his employer just filed an H1B amendment. Do I need to file an amendment for my H-4 EAD?

Answer No, an H1B amendment typically would not impact the validity of an H-4 spouse's EAD. (27.Jul.2023)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 © 2023, MURTHY LAW FIRM....

07:26 / FAQs / For Families / Nonimmigrant Family / Worker
27 Jul 2023

I am applying for the new Canadian work visa program designed for H1B workers. If I participate in the program, can I later return in H1B status?

Answer Participating in the Canadian work visa program normally would have no impact on one's ability to return in H1B status. It essentially would be treated no differently than if the individual had returned temporarily to their home country. (27.Jul.2023)Sheela Murthy and other senior attorneys provide...

07:23 / FAQs / For Individuals / Worker
20 Jul 2023

Last year, my mother came to the U.S. on her B-2 visa and stayed here for 6 months. She is now hoping to come back to the U.S. to attend a wedding, but this travel is not critical. How long does she need to wait before coming back to visit on B-2?

AnswerThere is no set length of time that a person must wait to request readmission on a B-1/B-2 (or B-2) visa. However, U.S. Customs and Border Protection (CBP) officers at the port of entry always have discretion to admit (or deny admission to) a person...

07:01 / FAQs / For Individuals / Homeland Security / Travel / Visitor