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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
03 Mar 2022

I was working for a company abroad as a manager for more than one year, and my employer then transferred me to the U.S. on H1B. Can they sponsor me for a green card through the EB1(c) multinational manager / executive category, or do I have to be moved to L1A status, first?

Answer There is no requirement that a foreign national be in L1A status before being sponsored for a green card through the EB1(c) category. Being in H1B status would not prevent an employer for filing an EB1(c) case on your behalf, assuming you meet all the...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
24 Feb 2022

My mother came to the U.S. in B-2 status. She now wishes to extend her stay for four months. However, the B-2 visa stamp in her passport expires in two weeks. Is that going to create a problem?

Answer No, the expiration date of the B-2 visa "stamp" should not create a problem in applying for an extension of B-2 status. The visa is an entry document and normally needs to be valid at the time the person is requesting admission in B-2 status....

07:41 / FAQs / For Individuals / Visitor
24 Feb 2022

Is it true that it will soon be possible to get a green card based on obtaining a PhD? I have also heard that I may be able to get a new type of visa if I start a business in the U.S. Is that going to soon be an option?

Answer Last summer, the U.S. Senate passed the United States Innovation and Competition Act. Earlier this month, the U.S. House passed its own version of the bill, called the America COMPETES Act. In order for the bill to be sent to the President to sign into...

07:34 / FAQs / For Individuals / Legislation / Resident / Worker
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...

08:43 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
17 Feb 2022

I am trying to file an I-765 form to apply for an H-4 EAD. The instructions on the USCIS website state that I should file the case with the Dallas Lockbox if my husband’s H1B receipt number starts with EAC or LIN, and to file with the Phoenix Lockbox if it starts with WAC or SRC. However, my husband’s receipt starts with IOE. Where should I file the application?

Answer Yes, we have run across this same issue. This appears to be an oversight by the USCIS, and we have not yet received formal guidance on where such I-765 applications should be filed. You could try filing based on the service center where the H1B...

08:40 / FAQs / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker