15 Jul 2020

My H1B cap case was filed for consular processing, and it was approved last week. My F-1 OPT expires next month. Is there a way to move to H1B status without having to leave the U.S.?

Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020)Sheela Murthy and other senior attorneys...

13 Jul 2020

NewsFlash! Consulates May Begin Phased Resumption of Visa Services, Effective July 15th

The U.S. Department of State (DOS) has announced via Twitter that "[b]eginning July 15, US Embassies and Consulates may begin the phased resumption of routine visa services depending on local conditions." No further details have been provided.As previously reported, the consulates are not expected to...

08 Jul 2020

My mother’s I-94 is expiring July 14, 2020. Due to the uncertainty of COVID, I have applied for her extension and have received the receipt notice from the USCIS. Does this mean she can stay here until it is safe for her to return home or we hear the result?

Answer In general, when one has timely filed for an extension of status, one is permitted to remain in the United States until a decision is received from USCIS. This is considered to be a period of "lawful" stay. (06.Jun.2020)Sheela Murthy and other senior attorneys provide...

01 Jul 2020

Prior to issuance of the executive order, I scheduled an appointment to get my H1B visa stamp at a consulate in September. Can I still proceed to the appointment?

Answer If one was outside of the U.S. as of June 24th and does not presently have a valid H1B visa or travel document (e.g., advance parole), then the executive order likely prevents one in this situation from being issued an H1B visa. (01.Jul.2020)Sheela Murthy and...

01 Jul 2020

I’m currently working on H1B visa and the extension got approved recently. My wife went for a short visit to India but couldn’t get her H-4 visa stamped in time before executive order. She has a B-2 visa in her passport. Is it possible for her to visit the U.S. using her B-2?

Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...

30 Jun 2020

NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order

Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...

29 Jun 2020

MurthyAudio: Murthy Discusses Presidential Proclamation Impacting H1B, L-1, and Certain Other NIV Holders

Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...