22 Oct 2020

My attorney is filing my I-485 in October, and then will apply for my EAD and AP after the receipt notice is issued. If the proposed fee increase goes into effect after I file my I-485, will I have to pay the higher fee for my EAD and AP applications?

Answer Currently, the standard filing fee for most I-485 applications, including biometrics, is $1,225 (or $750 for derivatives under 14.) This fee covers the cost of filing for one's employment authorization document (EAD) and advance parole (AP) until such time that the I-485 is adjudicated.There is...

17 Sep 2020

I am in H1B status, and I urgently need to travel overseas. My petition is valid for two more years, but my H1B visa stamp expires in a couple of months. If I return a few weeks before the visa expires, will that be a problem?

Answer So long as the visa "stamp" is still valid at the time the person requests admission in H1B status, the immigration officer at the port of entry generally has discretion to admit the person through the expiration date of the H1B petition (or the expiration...

10 Sep 2020

My father is visiting on B-2 and he was scheduled to depart at the end of March. Due to the pandemic, he had to stay in the U.S., so he filed for a 6-month extension of his B-2 before his I-94 expired. That case is still pending, he is still unable to travel, and the requested end date has nearly arrived. Can he file for another extension?

Answer Yes, ordinarily, it is possible to file for a B-2 extension while the previous B-2 extension is still pending. (10.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright ©...

26 Aug 2020

I have an approved H1B petition, but am stuck in India and am subject to the executive order. I do not believe I qualify for any of the exceptions. However, I do have a B-1 visa. Can I enter on B-1 and then change to H1B?

Answer A person may not normally enter the U.S. on a B-1 visa with the intention of changing status to H1B. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...

06 Aug 2020

My parents are in the U.S. in B-2 status, and their I-94s are scheduled to expire in two weeks. Their flight back to India was cancelled and it may be a month or two before they can leave. Do we have to pay the fees to file an extension of status, even though this is out of their control? Are there any automatic extensions being provided due to the pandemic?

Answer Even though this is out of their control, if they do not leave the U.S. or apply for an extension of status prior to the expiration date on their I-94s, they will fall out of status and begin to accrue unlawful presence. There have not...

23 Jul 2020

I had been working in H1B status, but I came to India in February, and I have been stuck here for months due to the pandemic. My H1B employer has now laid me off, but my H1B visa and petition are still valid. Can I travel to the U.S. in H1B to look for a new employer?

Answer No, generally speaking, a person may not enter the U.S. in H1B status unless that person is coming to work for the H1B petitioning employer. (20.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...