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10 Jun 2019

Can a foreign national travel outside the United States while an extension of stay application / petition is pending and utilize the automatic visa revalidation rules to return and resume status?

Answer Generally, this is possible, assuming the foreign national’s I-94 is unexpired and s/he is maintaining status. Normally, an application / petition for extension is not cancelled by international travel. An application / petition for change of status would be cancelled by international travel. (10.Jun.2019)In frequent...

08:58 / FAQs / For Individuals / Travel
20 May 2019

I am in H-4 status and my H1B petition was approved for consular notification. Do I have to go to my home country to get my H1B visa stamp?

Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...

09:02 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
13 May 2019

My H-4 I-94 is valid for two more years, but my H-4 visa has expired. If I go to Canada for a few days, do I need to get a new visa “stamp” before I can return to the U.S.?

Answer Under the contiguous territory rule, one generally can go to Canada or Mexico using automatic visa revalidation ("AVR") for up to 30 days if one's I-94 is unexpired. A valid visa stamp is NOT required to reenter the U.S. However, one cannot use "AVR" if...

15:58 / FAQs / For Families / Nonimmigrant Family / Travel / Worker
06 May 2019

I am on H1B and lost my job a few weeks ago. If I cannot find employment within 60 days of my last paycheck, do I need to go out of the country for visa stamping before I can join a new employer?

Answer If an H1B petition is filed within the 60-day grace period (i.e., 60 days of the last date of employment, not the last date of a paycheck), then it generally is treated as a timely filing and the individual is permitted to work based on...

21:38 / FAQs / For Individuals / Travel / Worker
15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

14:58 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / Visitor
11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

08:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker