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25 Jun 2018

I applied for an H1B visa stamp in India, but the consulate sent it for administrative processing, which has been pending for about a month. Now I have a job offer from a different employer. Can I transfer my H1B to new company and go for stamping once the new petition gets approved?

Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

13:13 / Consulates / FAQs / For Individuals / Travel / Worker
18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...

14:08 / FAQs / For Individuals / Travel / Worker
18 Jun 2018

An RFE was issued on my H1B petition, and another was issued on my wife’s H-4 application. Can we send both responses together in the same USPS or FedEx envelope?

Answer In general, yes, both should be sent in the same envelope to ensure they reach the combined files. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

13:59 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
11 Jun 2018

My current I-94 is valid through 2020, but I have an H1B amendment pending because of a change of client. Can I travel out of country and return while the petition is still pending?

Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...

14:15 / FAQs / For Employers / For Individuals / Travel / Worker
07 May 2018

Two of my H1B petitions were selected in this year’s lottery. They were filed by two unrelated companies for different projects. Can both cases continue to be processed? Do I need to withdraw one?

Answer Generally speaking, there is no need to withdraw either petition. As long as they were filed by two truly unrelated (as defined by the USCIS) companies, both cases may continue to be processed. If both are approved, you then typically would need to select which...

13:37 / FAQs / For Individuals / Worker