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07 Sep 2023

I recently renewed my passport. The tourist visa stamp in my old passport does not expire until 2027. Is there a way to transfer that visa stamp to my new passport?

Answer It ordinarily is not possible to transfer a visa "stamp" from one passport to another. However, an unexpired B-1/B-2 visa in an expired passport normally can be presented at the port of entry along with one's new passport to request admission in B-1/B-2 status. (07.Sep.2023)Sheela...

06:56 / FAQs / For Individuals / Travel / Visitor
10 Aug 2023

After entering the U.S. on B-2, my mother was injured and is now undergoing medical treatment. Her I-94 expires in a few weeks, and she applied for a B-2 extension, which is still pending. If the B-2 extension is not approved before her I-94 expires, is she required to leave the U.S.?

Answer Typically, a person in B-2 status who timely files for an extension of stay is permitted to remain in the U.S. in a period of authorized stay based on the pending application.  (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

06:40 / FAQs / For Individuals / Visitor
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
03 Aug 2023

I’m in the U.S. on a B-1/B-2 visa for a business trip. I need to go to Canada for a couple of weeks and then return to the U.S. Will I be readmitted for a full 6-month period when I come back?

Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the U.S.,...

06:32 / FAQs / For Individuals / Travel / Visitor
27 Jul 2023

My parents are visiting me, and I submitted two separate applications online to extend their B-2 status. My father’s case was approved a few weeks ago, but my mother’s case is still pending. Does this mean there’s a problem with her case?

Answer Assuming the case is still within the posted processing times, this generally is not a cause for concern. (27.Jul.2023)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 © 2023,...

07:29 / FAQs / For Individuals / Visitor
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...

07:01 / FAQs / For Individuals / Homeland Security / Travel / Visitor
28 Jun 2023

I was just laid off from my H1B position. I hope to find a new H1B employer before the end of my grace period. If I don’t, I will apply for a change of status to B-1/B-2. By what date do I need to file the I-539? Do I need to get the receipt notice before the end of my grace period?

Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...

20:18 / FAQs / For Individuals / Visitor / Worker
08 Jun 2023

I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary's grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with...

07:43 / B-1 / B-2 / FAQs / For Individuals / Visitor / Worker
27 Apr 2023

I was planning to travel to the U.S. for a wedding. I applied for a B-1/B-2 visa, which was issued for 10 years. My plans have now changed, and I will not be traveling to the U.S. at this time. If I do not travel until next year, can I still use the same visa?

Answer Typically, as long as the B-1/B-2 visa has not expired, it can be used to request admission in B-1/B-2 status.  (27.Apr.2023)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...

08:09 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor
02 Mar 2023

My B-1/B-2 visa expires on May 2, 2023. When I entered the U.S. a few weeks ago on the visa, my I-94 was issued through August 10, 2023. By what date do I need to leave the U.S.?

Answer The visa is an entry document. Typically, it must be valid at the time the person requests admission to the United States. Once admitted, however, the visa expiration date typically has no impact on the person's status. A person's B-1/B-2 status expiration date normally is...

10:28 / FAQs / For Individuals / Travel / Visitor