13 Feb 2020

My H1B extension was recently denied. On the denial notice, it says that we have 30 days to file an appeal or motion. Does this mean I am allowed to stay in the U.S. for 30 days while we decide what to do? If we do appeal, can I stay in the U.S. while the appeal is pending?

Answer Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once...

13 Feb 2020

My H1B petition is valid for 2 years, but I do not have a visa stamp, and my Indian passport expires in 4 months. I am visiting my family in India next week. Is it ok to apply for a new H1B visa stamp now?

Answer Generally speaking, as long as the passport and H1B petition are still valid, the consulate has the discretion to issue a new H1B visa "stamp." However, if you do not have a new passport by the time you return to the U.S., the Customs and...

06 Feb 2020

Last year, my employer in India asked me to travel to the U.S. to attend a few meetings being held by the U.S. parent company. I was issued a B-1/B-2 visa based on an invite letter from the U.S. company. I am now working for a different Indian company, and have been asked to attend a conference in the U.S. Do I need to get a new B-1/B-2?

Answer Normally, a B-1/B-2 visa is not tied to any particular employer or organization. As long as the B-1/B-2 remains valid, one ordinarily may use it to request admission for any activity that is permissible under B-1 or B-2 status. (06.Feb.2020)Sheela Murthy and other senior attorneys...

23 Jan 2020

I am on OPT, and my current employer is going to submit an H1B registration for me in March. If I travel outside the U.S. while the registration is pending, will that be an issue?

Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that...