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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
17 Mar 2022

I am on H1B status and have an advance parole (AP) document based on my pending I-485. I do not have an H1B visa stamp. If I travel abroad and enter on AP, can I maintain my H1B status?

Answer Ordinarily, if a person enters using AP, that individual is not considered to be in H1B status.  (17.Mar.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...

08:18 / FAQs / For Individuals / Travel / Worker
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...

08:15 / Consulates / FAQs / For Individuals / Student / Travel / Visitor
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.,...

08:09 / Citizen / FAQs / For Families / Nonimmigrant Family / Travel
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...

10:10 / FAQs / For Individuals / Travel / Worker
10 Mar 2022

I was born in India but will soon become a Canadian citizen. I understand that, for green card purposes, I still will be counted based on my country of birth, but what about applying for TN or E-2 status?

Answer Eligibility for E-1/E-2 and TN categories generally is based on country of citizenship. So, an Indian-born Canadian citizen typically is eligible to apply for either visa, assuming those nonimmigrant visa requirements otherwise are met. (10.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

10:07 / FAQs / For Individuals / Worker