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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...

13:01 / FAQs / For Individuals / Travel / Worker
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...

17:42 / FAQs / For Families / For Individuals / Travel
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,...

19:09 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
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...

17:37 / FAQs / For Individuals / Travel / Worker