30 Jun 2022

I am working based on my H-4 EAD, which expires in August. My EAD renewal is pending. I have to go home to India for several months. How long can I work from India for the U.S. employer? Do I have to stop working once the current EAD expires?

Answer Ordinarily, if you are not physically in the United States, U.S. immigration law would not limit your ability to work for a U.S. employer. This would typically apply, regardless of whether the person has a valid EAD. (30.Jun.2022)Sheela Murthy and other senior attorneys provide guidance...

15 Jun 2022

My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?

Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant's anticipated stay in the United States. But even that "rule" only applies to passports issued by countries...

02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

19 May 2022

I was issued a 221(g) by the consulate and asked to submit a few additional documents. What is the processing time for 221(g) cases?

Answer On average, it takes the consulate about four-to-eight weeks to process a 221(g) case. Note that some dropbox applicants are being asked to schedule follow-up 221g interviews. (18.May.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

12 May 2022

A few months ago, I applied for a B-1/B-2 visa to attend a specific conference. The visa was issued, but there was then a change in plans and I did not attend the conference. I now wish to get to the U.S. to attend a different conference. Can I use the existing B-1/B-2 visa, or do I need to reapply?

Answer Although a person may apply for a B-1/B-2 visa for a particular purpose (e.g., to visit family) or a particular event (e.g., attending a specific conference), the B-1/B-2 visa normally is not tied to any specific activity or event. Rather, as long the visa remains...

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,...