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28 Apr 2022

I entered the U.S. a few months ago in H-4 status, and my I-94 was only granted through the end of May, based on my passport expiration date. I have now renewed my passport. How can I get my I-94 extended to match my H1B husband’s I-94? Can I go back to the port of entry to get the officer to correct my I-94?

Answer If this was an error by a U.S. Customs and Border Protection (CBP) officer at a port of entry, one normally can contact a CBP deferred inspection site to request that the I-94 be corrected. But here, it does not sound as though an error...

09:19 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel
27 Jan 2022

I worked in the U.S. in H1B status for a few months. When COVID began, my employer allowed me to go back to India to work in the same position from there. My H1B expires at the end of September, but I am hoping to keep working in the position from India for the foreseeable future. Can my employer extend my H1B while I am still in India? Also, does the extension have to be filed before the end of September?

Answer Ordinarily, if an employee is abroad, the employer may file the H1B extension for consular notification. In that situation, the USCIS can approve the petition, but will not issue a new I-94. Instead, once the foreign national enters the U.S. with the approved petition (and...

08:16 / Consulates / FAQs / For Employers / For Individuals / Homeland Security / Travel / Worker
08 Apr 2021

Every time I need to travel by plane, I run into problems at the airport. I am sent into secondary inspection, my belongings are searched, and I am sometimes detained for hours. Is there anything I can do?

Answer It seems that, for whatever reason, your name is appearing in a U.S. Department of Homeland Security system as some type of security risk. We have seen such cases where a person had the same name as someone on a government watch list, or it...

09:00 / FAQs / For Individuals / Homeland Security / Travel
03 Jun 2020

My mother is in the U.S. in B-2 status, and her I-94 will expire soon. She has no way to return to India, so she is applying to extend her status. She will return to India as soon as flights resume. Will this prevent her from coming back in B-2 status next year?

Answer There is no set limit to the number of times a person may be admitted in B-2 status, or how many times their status may be extended. CBP officers at the port of entry always have discretion to admit (or deny admission) to a person...

07:49 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Visitor
23 Apr 2020

My H1B extension was recently denied, and my I-94 has already expired. I am unable to leave the U.S. right now due to the pandemic. Is there any grace period being offered because of COVID-19?

Answer Unfortunately, the USCIS has not offered any additional grace periods based on the pandemic. It is possible to apply for a change to B-2 status nunc pro tunc, which is a discretionary benefit that the USCIS can grant. Please see the MurthyDotCom NewsBrief, B-2 Option...

13:52 / FAQs / For Individuals / Homeland Security / Worker
23 Apr 2020

My wife applied for an H-4 EAD several months ago, and the application is still pending. If the pandemic slows processing times, will she be permitted to keep working after her EAD expires?

Answer No, one cannot work based on a pending H-4 EAD renewal application. The USCIS has not changed this rule based on the COVID-19 outbreak. (23.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

13:48 / Employment Based / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Resident / Worker
30 Jan 2020

My H1B petition was approved through February 10. When I last entered the U.S., I was given an I-94 valid through February 20. Does this mean I have until February 20 to file for my H1B extension or amendment?

Answer Yes, but you likely will want your employer to file the extension before reaching this 10-day grace period.Upon admitting a person in H1B status, the Customs and Border Protection (CBP) agent at the U.S. port of entry generally has the discretion to grant the H1B...

14:51 / FAQs / For Employers / For Individuals / Homeland Security / Worker
05 Dec 2019

I am a green card holder and will be applying for U.S. citizenship next year. If I get health insurance through Obamacare, will that prevent my citizenship application from being approved because of the new public charge rule?

Answer Several federal courts have blocked the new public charge rule from going into effect. Even if the rule eventually does go into effect, however, it normally would not have any impact on an application to become a U.S. citizen. There is no public charge analysis...

15:27 / Citizen / FAQs / For Individuals / Homeland Security / Resident