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30 Apr 2020

I have a green card and went to India in Nov ’19, planning on spending about five months with my family. But, with the ongoing outbreak, it seems I will be here for more than six months. Will this put my green card in jeopardy?

Answer Depending on the circumstances, if a lawful permanent resident, or "green card holder," takes an extended trip abroad, this can be interpreted to mean that the person has abandoned his or her residency in the United States. There is a presumption of abandonment when one...

09:28 / FAQs / For Individuals / Resident / Travel
09 Apr 2020

I am a British citizen, and entered the U.S. using ESTA. My I-94 was issued through the end of April, but now it appears I may be stuck in the U.S. for a bit longer due to the epidemic. Can I extend my stay?

Answer Ordinarily, a person admitted via ESTA is limited to 90 days in the U.S., without the ability to extend or change status. However, under these unprecedented circumstances, there are some options. First, U.S. Customs and Border Protection (CBP) has advised that people admitted via ESTA...

08:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel
09 Apr 2020

My mother’s B-2 I-94 is about to expire, and she would like to apply for an extension of stay because of COVID-19. She does not know how long she will have to stay, so she has not yet purchased a new return ticket home. Is a return ticket required to apply for an extension of B-2?

Answer A return ticket is not required to apply for a B-2 extension. It can be helpful in many circumstances; but, given the COVID-19 outbreak, it seems unlikely the USCIS will make an issue of this. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:16 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
19 Mar 2020

My elderly father entered on a visitor visa about five months ago, and his I-94 is scheduled to expire in about 1 month. I do not think he should travel right now because of the COVID-19 outbreak. Can he extend his stay?

Answer Generally speaking, a person in valid B-1/B-2 status may apply for an extension of stay. Under normal circumstances, the USCIS is often reluctant to approve such applications, as this visa category is generally intended for relatively short trips for business and/or pleasure. However, the USCIS...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
12 Mar 2020

I am in H1B status, but my wife is finishing school in India. She has a B-1/B-2 visa in her passport. Can she use this to visit me? Or does she need to get an H-4 visa?

Answer Normally, if a person has a valid B-1/B-2 visa, she could use this to request admission in order to visit her H1B spouse in the U.S. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

09:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
13 Feb 2020

My H1B extension was recently denied. On the denial notice, it says that we have 30 days to file an appeal or motion. Does this mean I am allowed to stay in the U.S. for 30 days while we decide what to do? If we do appeal, can I stay in the U.S. while the appeal is pending?

Answer Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once...

13:06 / FAQs / For Individuals / Travel / Worker
13 Feb 2020

My H1B petition is valid for 2 years, but I do not have a visa stamp, and my Indian passport expires in 4 months. I am visiting my family in India next week. Is it ok to apply for a new H1B visa stamp now?

Answer Generally speaking, as long as the passport and H1B petition are still valid, the consulate has the discretion to issue a new H1B visa "stamp." However, if you do not have a new passport by the time you return to the U.S., the Customs and...

13:02 / FAQs / For Individuals / Travel / Worker
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...

13:12 / FAQs / For Individuals / Travel / Visitor