21 May 2018

I am out of the U.S. and my AP renewal application was denied because I traveled while it was pending. My current AP does not expire for a few months. Can I still use it to enter the U.S.?

Answer Yes, as long as the current AP is valid, it can be used. The denial of the extension should not be problematic. One would need to refile upon return. (21.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

30 Apr 2018

I am working in an H1B position and have Canadian PR. Can I live in Canada and commute to the U.S. each morning to work in my H1B job?

Answer Yes, it is possible to live in Canada and commute to the U.S. to work in H1B status. However, you should consult directly with an immigration attorney about your specific situation before making any change. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other...

30 Apr 2018

My current H1B I-94 is still valid, but my H1B amendment is pending. If I travel overseas for a couple of weeks, am I allowed to return while the H1B amendment is still pending?

Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...

16 Apr 2018

Last year, I changed status to H1B, so I am in valid status, but I don’t have an H1B visa stamp. I will soon be visiting a friend in El Paso, Texas. Will not having a valid H1B stamp be a problem?

Answer A visa foil (commonly referred to as a "stamp") is an entry document. As long as one remains in the U.S., there generally is no need to have a valid visa.That being said, border cities, like El Paso, sometimes have border patrol checkpoints. El Paso...

12 Mar 2018

My wife is a green card holder, but needs to travel to India for more than a year. She is applying for a reentry permit and is now waiting for her biometrics appointment. If she leaves before biometrics, what will happen to the reentry permit application?

Answer One's reentry permit is not withdrawn by travel. But, the application will be denied if the biometrics are not done as scheduled. (It generally is not a problem to reschedule them one time, though.) (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

05 Mar 2018

I am waiting for my oath ceremony in order to naturalize. Also, my green card is about to expire. I have a family emergency and need to travel to India immediately. What options do I have to return with no issues? Will this impact my naturalization case?

Answer If you have an emergency need to travel, you can try to obtain a temporary I-551 stamp in your passport at the local USCIS office. It typically is okay to travel while waiting for one's naturalization oath ceremony, but you need to inform the USCIS...