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...

01 Dec 2022

I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...

03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

12 May 2022

I reside in Canada and have been offered an IT position by a Canadian company that distributes marijuana. The company’s activities are legal under Canadian law. I have family in the U.S. If I accept this job, will it prevent me from being admitted to the U.S. as a visitor?

Answer U.S. Customs and Border Protection (CBP) has indicated that, if a foreign national is engaged in a marijuana business in Canada, where there is no commerce with the United States, that alone likely would not make the individual inadmissible to the U.S. (12.May.2022)Sheela Murthy and...

05 May 2022

My H1B extension was recently approved, but my online I-94 information still shows my previous I-94 expiration date. Do I need to take some action to get it updated?

Answer No, the online I-94 tool on the U.S. Customs and Border Protection (CBP) website only provides information related to the I-94 issued upon the individual's most recent entry into the United States. If the person's status is changed or extended after being admitted, those details...

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...