13 May 2019

My H-4 I-94 is valid for two more years, but my H-4 visa has expired. If I go to Canada for a few days, do I need to get a new visa “stamp” before I can return to the U.S.?

Answer Under the contiguous territory rule, one generally can go to Canada or Mexico using automatic visa revalidation ("AVR") for up to 30 days if one's I-94 is unexpired. A valid visa stamp is NOT required to reenter the U.S. However, one cannot use "AVR" if...

06 May 2019

I am on H1B and lost my job a few weeks ago. If I cannot find employment within 60 days of my last paycheck, do I need to go out of the country for visa stamping before I can join a new employer?

Answer If an H1B petition is filed within the 60-day grace period (i.e., 60 days of the last date of employment, not the last date of a paycheck), then it generally is treated as a timely filing and the individual is permitted to work based on...

15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

28 Jan 2019

I have a pending adjustment-of-status application and have been issued a combination Employment Authorization Document and Advance Parole card. Can I take a vacation cruise to other countries and return to the United States?

Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...

28 Jan 2019

I am in the United States in H1B classification. My employer has filed an amendment of my H1B petition. Can I travel while my H1B amendment is pending?

Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....

14 Jan 2019

My EB3 I-140 is approved and my I-485 is pending. Is leisure travel / vacation outside the U.S. allowed using my advance parole (AP) document?

Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...