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14 Apr 2022

I had an H1B valid for 2 more years with Employer A, but my project ended and I was laid off. After about 30 days, Employer B filed a petition for me and I started working based on the receipt notice. That petition was just denied. Am I allowed to use the remaining 30 days of my 60-day grace period?

Answer Unfortunately, no, this is not permissible. The grace period is available for a maximum of 60 consecutive days. If Employer B's petition had been approved and you then resigned or were terminated, you likely would have been eligible for a new 60-day grace period based...

08:03 / FAQs / For Individuals / Worker
06 Apr 2022

I am in B-1/B-2 status and my I-94 will expire in a few weeks. I wish to extend my stay by one month so I can attend an important event. However, I read online that, to extend my status, I need to file the application at least 45 days before my status expires. Is that correct?

Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...

18:30 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor
06 Apr 2022

I am filing H-4 extensions for my son, who turns 21 next year, and my daughter, who is 17. Since my son is only eligible for a 1-year extension, do I have to file separate I-539 applications for my son and daughter, or can I file them together using an I-539 and I-539A?

Answer Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend...

18:22 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
30 Mar 2022

My I-94 is valid until next year, but I wish to resign from my current employer. If I resign and the employer withdraws my H1B petition, am I still eligible for the 60-day grace period?

Answer The fact that an employer withdraws the H1B petition would not normally impact eligibility for the 60-day grace period. So, assuming you otherwise meet the grace period requirements (e.g., you have not violated your status), you should be able to remain in the U.S. in...

16:26 / FAQs / For Individuals / Worker
30 Mar 2022

I have an approved H1B through 2024. My spouse is being transferred to Australia for one year, and I plan on accompanying her and working for the U.S. company remotely. When I return on H1B next year, is there anything special I need to do? Can I still use the same approval notice and visa?

Answer Assuming you will be coming back to work for the same employer in the same position, it generally would be fine to use the existing petition and visa. There is nothing special that you need to do. As a precaution, however, it may be a...

16:24 / FAQs / For Individuals / Travel / Worker
30 Mar 2022

I am working for Company A in H1B status. I have an offer from Company B to work part time for them on evenings and weekends. Is it possible to work for two H1B companies at the same time?

Answer Yes, concurrent employment is permitted. Prior to joining the second employer, that employer should file an H1B petition for you, requesting concurrent employment on the I-129. (30.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

16:14 / FAQs / For Employers / For Individuals / Worker
24 Mar 2022

I am a U.S. citizen and I sponsored by brother for a green card a few years ago. He is applying for an H1B visa at the consulate. Do I need to withdraw the family-based case before he applies for the visa?

Answer No, there normally would be no need to withdraw a family-based case for someone who is applying for an H1B visa. A pending family-base case typically would have no impact on the H1B visa process.  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:01 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
24 Mar 2022

I received my green card in the EB2 category last month. I wish to remain with my existing employer, but also to work a second job. Would that jeopardize my green card?

Answer If a person continues to work in the green card position, working a second job concurrently typically would not jeopardize the green card (or future naturalization application).  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:47 / Employment Based / FAQs / For Individuals / Resident
24 Mar 2022

I have a B-1 visa in my passport. A company in the U.S. submitted an H1B registration for me. If the registration is selected, can I enter the U.S. on the B-1 so the employer can file the petition requesting a change of status?

Answer Ordinarily, a person may not enter the U.S. in B-1 status with the intention of then applying for a change to H1B status.  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:45 / FAQs / For Individuals / Travel / Visitor / Worker