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30 Nov 2023

I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...

17:32 / FAQs / For Individuals / Resident / Travel
15 Nov 2023

I was issued a B-1/B-2 visa several years ago, when I needed to come for a business trip. The visa was issued for 10 years. I now wish to come to the U.S. to attend a wedding. Can I use the same visa, or do I need to reapply?

Answer Generally speaking, as long as the B-1/B-2 visa remains valid, it may be used to request admission for any valid B-1 or B-2 purpose. This applies even if the reason for admission is unrelated to the reason the visa was initially requested. And, in general,...

18:34 / FAQs / For Individuals / Travel / Visitor
19 Oct 2023

The last time I entered the U.S. in H1B status, I was admitted for an extra 10 days. Am I allowed to work during that 10-day period?

Answer The U.S. Customs and Border Protection (CBP) officers at the ports of entry have the discretion to grant a 10-day grace period beyond the validity period of a person's petition (as do USCIS officers). However, this grace period does not provide any type of work...

08:31 / FAQs / For Employers / For Individuals / Homeland Security / Travel / USCIS News / Worker
21 Sep 2023

I am a U.S. citizen and I sponsored my mother for a green card. The consular post in Mumbai issued her an immigrant visa earlier this year, with an expiration date in October 2023. She entered on the visa a few weeks ago, but has not yet received her physical green card. Would it be best for her to wait for the green card before she travels internationally?

Answer Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card holder...

07:27 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel
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
07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
17 Aug 2023

I last entered on advance parole. My online I-94 shows my class of admission as “DA” and it expires in a few months. What does DA mean, and do I need to apply for an extension?

Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...

06:50 / FAQs / For Individuals / Resident / Travel
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
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