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06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

09:10 / Consulates / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / USCIS News / Worker
16 Mar 2023

In 2022, I entered the U.S. on H-4 status. I then changed status to H1B, which is valid through 2025. I was recently laid off. Can I leave and return on my H-4 visa, or is that visa stamp now invalid since I changed to H1B status? 

Answer Typically, a change in status to H1B would have no impact on the validity of an H-4 visa "stamp." As long as the visa has not expired, it typically can be used to request readmission in H-4 status (assuming the principal H1B worker remains in...

09:33 / FAQs / For Individuals / Travel / Worker
09 Mar 2023

I am in H1B status and my employer just filed a PERM LC for me. Am I allowed to travel while this case is pending?

Answer Ordinarily, travel has no impact on a pending or approved PERM LC.  (09.Mar.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

07:59 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
02 Mar 2023

My B-1/B-2 visa expires on May 2, 2023. When I entered the U.S. a few weeks ago on the visa, my I-94 was issued through August 10, 2023. By what date do I need to leave the U.S.?

Answer The visa is an entry document. Typically, it must be valid at the time the person requests admission to the United States. Once admitted, however, the visa expiration date typically has no impact on the person's status. A person's B-1/B-2 status expiration date normally is...

10:28 / FAQs / For Individuals / Travel / Visitor
23 Feb 2023

While my father was visiting me on B-2, I sponsored him for a green card. Both the I-130 and I-485 are pending. Can he travel back to India and then return on his B-2, or does he need to first get an advance parole document?

Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

07:52 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Visitor
26 Jan 2023

I have a valid H-4 visa stamp in my passport. I am applying for an H1B stamp in a few weeks. If the H1B stamp is denied, can I still travel to the U.S. on my H-4 stamp?

Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...

17:00 / FAQs / For Families / For Individuals / Immigrant Family / Travel / Worker
19 Jan 2023

I am a U.S. citizen and am sponsoring my mother for a green card. Her case is being processed through the U.S. Embassy in Mumbai. Is she allowed to visit on her B-2 visa while the case is pending?

Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:52 / B-2 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor