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...

25 Apr 2022

Interview Waivers for Certain Conditional Permanent Residents

The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) who have filed a petition to remove conditions on residence (form I-751). This replaces the previous policy, which had mandated interviews for virtually all CPRs...