07 Jan 2021

My mother was admitted in B-2 status in February 2020. Prior to her I-94 expiring, she applied for a B-2 extension. That case is still pending. Is it true that she can stay for 240-days based on the pending extension?

Answer The 240-day rule applies to the extension of employment authorization for certain categories of nonimmigrant workers. It does not apply to B-2 applicants. Typically, if an application to extend status is timely filed, the applicant may remain in the U.S. in a period of authorized...

30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

16 Dec 2020

I was recently laid off from my job and am looking for a new employer. I am supposed to travel for a short trip to Canada. Can I travel and then return on H1B before the end of my 60-day grace period?

Answer No, once a person departs the U.S, it generally would not be possible to return during one's grace period. In order to return in H1B status, one would need a valid job offer and H1B petition. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...