13 Aug 2018

I am in H1B status. I recently visited Canada via a land border. On my return, CBP did not stamp my passport with the admission date/port of entry. Is that a cause for concern?

Answer At land borders, it's fairly common for the passport to not be stamped. This typically would not be a cause for concern. (13.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

13 Aug 2018

After my H1B cap case was filed, I traveled to India because of an emergency. After I returned, an RFE was issued, mentioning my travel dates and maintenance of F-1 status. Any suggestions on how to respond to USCIS on this RFE?

Answer Travel while a change of status request is pending normally results in automatic cancellation of the COS request. The H1B can still be approved for consular processing. This happens automatically, and there typically is no way to overcome this in an RFE response. (13.Aug.2018) In frequent...

06 Aug 2018

My H1B was selected in the lottery, but it is still pending. If I travel outside the country now, will that cause my H1B to be denied?

Answer Assuming the H1B petition included a change-of-status request, international travel would result in the status request being abandoned. This means the petition could still be approved, but essentially it would convert to a request for consular processing. In order to enter in H1B status, it...

25 Jun 2018

I applied for an H1B visa stamp in India, but the consulate sent it for administrative processing, which has been pending for about a month. Now I have a job offer from a different employer. Can I transfer my H1B to new company and go for stamping once the new petition gets approved?

Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...