17 Mar 2022

I have a friend in Ukraine who recently fled to a neighboring country. Are there any special visa options she may have to come stay with me for a time in the U.S.?

Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa.One option may be to apply for a B-1/B-2 visa. One hurdle with this option is that the...

17 Mar 2022

I am in H-4 status and recently gave birth to a baby girl. We are in the process of applying for her Indian passport so that we can travel home to India. In order to return to the U.S., do I need to first get an H-4 visa for her?

Answer Ordinarily, if a person in H-4 status gives birth to a child in the U.S., that child automatically becomes a U.S. citizen. Applying for an Indian passport for her would not impact her status as a U.S. citizen. In order to return to the U.S.,...

10 Mar 2022

I have an H1B visa stamp from Employer A. Employer B then filed an H1B change of employer for me, which was approved. Last week, I entered the U.S. using the visa stamp from Employer A and the approval notice from Employer B. But, when I check my I-94 online, it shows that the officer only admitted me through the expiration date of my visa, not the extended date from Employer B’s petition. What should I do now?

Answer This is a fairly common issue that arises at U.S. ports of entry. We typically recommend contacting a U.S. Customs and Border Protection (CBP) deferred inspection site to request that the I-94 be corrected.Note that, in situations like these, it is virtually impossible to prove...

17 Feb 2022

I have been in H1B status, and my family has been in H-4 status, for the past five years. We have not traveled outside the U.S. in all that time, so the visa stamps in our passports have expired. If my wife travels abroad and I stay in the U.S., will she be able to get an H-4 visa, or do I need to get an H1B stamp first?

Answer Ordinarily, there is no need for the principal spouse to have a valid H1B visa "stamp" in order for a consulate to issue an H-4 visa to the dependent spouse or child. (17.Feb.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

10 Feb 2022

My I-140 is approved, and my priority date likely will be current soon. My employer offered me a special job that would have be working at an overseas office for a few years. If I accept this position, would I still be able to use the I-140 when I return to the U.S.? Is there a time limit for filing my I-485 after the priority date becomes current?

Answer Generally speaking, there is no set time limit for filing an I-485 after the priority date becomes current. (09.Feb.2022)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 © 2022,...

27 Jan 2022

I am trying to schedule a visa appointment, but the next available time is months away. If I wish to request an expedited appointment, should I book an appointment first, and then request an earlier date? Or, should I first submit an expedite request?

Answer In order to request an expedite appointment, one should check the consulate's website to determine the process for that specific post, but the general requirement is that the visa applicant first must submit the online visa application form (DS-160), pay the application fee, and schedule...

27 Jan 2022
20 Jan 2022

I am currently in the U.S. in H1B status. My visa stamp expired, and I need to travel. I am not able to get an appointment in India for several months. Is it possible to apply for a new visa stamp from within U.S.?

Answer No. Ordinarily, there is no means of applying for a visa from within the United States.  (19.Jan.2022)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 © 2022, MURTHY LAW FIRM....

29 Dec 2021

Based on the rule change, I believe I am now eligible to use the drop box option. However, I still cannot secure an interview waiver appointment at the consulate in Chennai. Any chance appointments will open up in the near future?

Answer Trying to secure an appointment at a consulate has been an issue throughout the pandemic. The recent change to allow many more visa applicants to be eligible for an interview waiver (i.e., drop box) is a big step in the right direction, but it will...

23 Dec 2021

I am a green card holder and was visiting family in India when the pandemic began. I remained in India for more than one year, and then was issued an SB1. I am now back in the U.S. Do I need to apply for a new green card?

Answer Generally speaking, if a lawful permanent resident (i.e., "green card" holder) returns to the U.S. after being issued an SB1, the existing green card remains valid through the expiration date on the card. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....