12 May 2022

My wife and I both need to apply for new visa stamps, and we are both eligible for dropbox appointments. I was able to schedule my appointment in the near future, but there were no slots available for my wife for several months. Do we each need separate dropbox appointment slots, or can she just apply with me during my slot?

Answer Each spouse needs to apply based on his or her individual appointment slot. After the appointments are scheduled, the consulate has discretion to then grant an expedite appointment to the spouse with the later appointment date. There is no guarantee that this will be granted,...

12 May 2022

I reside in Canada and have been offered an IT position by a Canadian company that distributes marijuana. The company’s activities are legal under Canadian law. I have family in the U.S. If I accept this job, will it prevent me from being admitted to the U.S. as a visitor?

Answer U.S. Customs and Border Protection (CBP) has indicated that, if a foreign national is engaged in a marijuana business in Canada, where there is no commerce with the United States, that alone likely would not make the individual inadmissible to the U.S. (12.May.2022)Sheela Murthy and...

05 May 2022

My H1B extension was recently approved, but my online I-94 information still shows my previous I-94 expiration date. Do I need to take some action to get it updated?

Answer No, the online I-94 tool on the U.S. Customs and Border Protection (CBP) website only provides information related to the I-94 issued upon the individual's most recent entry into the United States. If the person's status is changed or extended after being admitted, those details...

05 May 2022

I am interested in applying for a green card through the EB5 program based on an investment in my own business. How do I determine if a location qualifies as a targeted employment area (TEA) based on its being an area of high unemployment?

Answer Trying to determine whether a particular location qualifies as a high unemployment area can be challenging. The requirement is that the business must be located in a census tract, or contiguous census tracts, experiencing unemployment of at least 150 percent of the national average. Sometimes,...

28 Apr 2022

I entered the U.S. a few months ago in H-4 status, and my I-94 was only granted through the end of May, based on my passport expiration date. I have now renewed my passport. How can I get my I-94 extended to match my H1B husband’s I-94? Can I go back to the port of entry to get the officer to correct my I-94?

Answer If this was an error by a U.S. Customs and Border Protection (CBP) officer at a port of entry, one normally can contact a CBP deferred inspection site to request that the I-94 be corrected. But here, it does not sound as though an error...

28 Apr 2022

My employer forgot to sign the I-129 form on my H1B extension, and the petition was rejected by USCIS. By the time my petition was refiled, my I-94 had already expired, and I accumulated about 2 weeks of unlawful presence. I have a Canadian visa, so I left for Canada. The H1B extension has since been approved. Is it true I have to fly back to my home country (India) to apply for the new H1B visa stamp?

Answer Under 222(g), if a person accumulates any unlawful presence and then departs the U.S., the existing visa becomes void. Further, the individual generally is required to apply for a new nonimmigrant visa in the country of nationality. If the foreign national applies in a country...