18 Feb 2021

My husband is in the U.S. in H1B, and I am working from India for a U.S. employer. Can I apply for an H-4 EAD from India? Or do I have to be in the U.S. to apply?

Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending.  (18.Feb.2021)Sheela Murthy and other senior attorneys provide...

04 Feb 2021

My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires?

Answer Yes, this generally is permissible. International travel ordinarily does not impact a pending H1B extension. (04.Feb.2021)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 © 2021, MURTHY LAW FIRM....

04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...

28 Jan 2021

I was in the U.S. in F-1 status, and then changed to H1B status in October. Last month, I had to travel overseas due to a family emergency. I was able to book an appointment for next week to get my H1B visa stamp. Am I eligible to get it now, or do I have to wait until after March 31st for the executive order to end?

Answer The executive order issued by Trump in June 2020 related to the issuance of certain types of work visas, including H1B visas, does not apply to anyone who was physically present in the United States as of June 24, 2020. (28.Jan.2021)Sheela Murthy and other senior...

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...