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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
23 Feb 2023

While my father was visiting me on B-2, I sponsored him for a green card. Both the I-130 and I-485 are pending. Can he travel back to India and then return on his B-2, or does he need to first get an advance parole document?

Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

07:52 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Visitor
16 Feb 2023

I am in the U.S. on B-1/B-2. A few years ago, my sister, who is a U.S. citizen, sponsored me for an FB4 green card. My priority date will not be current for a number of years. Can I ask USCIS to expedite my case so that I can file an I-485 now and wait in the U.S. until the priority date becomes current?

Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...

08:24 / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
19 Jan 2023

I am a U.S. citizen and am sponsoring my mother for a green card. Her case is being processed through the U.S. Embassy in Mumbai. Is she allowed to visit on her B-2 visa while the case is pending?

Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:52 / B-2 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor