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04 Feb 2021

My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires?

Answer Yes, this generally is permissible. International travel ordinarily does not impact a pending H1B extension. (04.Feb.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 FIRM....

09:30 / FAQs / For Employers / For Individuals / Travel / Worker
04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...

09:26 / FAQs / For Families / For Individuals / Travel / Visitor
28 Jan 2021

I was in the U.S. in F-1 status, and then changed to H1B status in October. Last month, I had to travel overseas due to a family emergency. I was able to book an appointment for next week to get my H1B visa stamp. Am I eligible to get it now, or do I have to wait until after March 31st for the executive order to end?

Answer The executive order issued by Trump in June 2020 related to the issuance of certain types of work visas, including H1B visas, does not apply to anyone who was physically present in the United States as of June 24, 2020. (28.Jan.2021)Sheela Murthy and other senior...

13:01 / FAQs / For Individuals / Travel / Worker
30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

19:09 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
16 Dec 2020

I was recently laid off from my job and am looking for a new employer. I am supposed to travel for a short trip to Canada. Can I travel and then return on H1B before the end of my 60-day grace period?

Answer No, once a person departs the U.S, it generally would not be possible to return during one's grace period. In order to return in H1B status, one would need a valid job offer and H1B petition. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

17:37 / FAQs / For Individuals / Travel / Worker
22 Oct 2020

My attorney is filing my I-485 in October, and then will apply for my EAD and AP after the receipt notice is issued. If the proposed fee increase goes into effect after I file my I-485, will I have to pay the higher fee for my EAD and AP applications?

Answer Currently, the standard filing fee for most I-485 applications, including biometrics, is $1,225 (or $750 for derivatives under 14.) This fee covers the cost of filing for one's employment authorization document (EAD) and advance parole (AP) until such time that the I-485 is adjudicated.There is...

15:16 / FAQs / For Individuals / Resident / Travel
17 Sep 2020

I am in H1B status, and I urgently need to travel overseas. My petition is valid for two more years, but my H1B visa stamp expires in a couple of months. If I return a few weeks before the visa expires, will that be a problem?

Answer So long as the visa "stamp" is still valid at the time the person requests admission in H1B status, the immigration officer at the port of entry generally has discretion to admit the person through the expiration date of the H1B petition (or the expiration...

17:15 / FAQs / For Employers / For Individuals / Travel / Worker