09 Oct 2019

When I entered on my B-1/B-2 visa, I was admitted for six months. I am going to be taking a short trip to Canada and then come back to the U.S. Will I be granted an additional six months when I come back in?

Answer The U.S. Customs and Border Protection (CBP) officer at the port of entry has the discretion to readmit a B-1/B-2 visitor for an additional 6 months. In many cases, however, the person is readmitted only for the remaining validity of the I-94 issued prior to...

26 Sep 2019

My H1B change of employer was approved, and I am about to travel abroad for a few weeks. My visa stamp, issued through my previous employer, expires in 3 months. Can I still use that visa?

Answer Generally speaking, the H1B visa foil (i.e., "stamp") remains valid, even if the person moves to a different employer. Typically, as long as the visa is still unexpired at the time one requests admission to the U.S., the CBP officer at the port of entry...

26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

12 Sep 2019

After my project in the U.S. ended, I returned back to India. Now, my former H1B employer would like me to do some work on a new U.S. project from my home in India. Do I need to get a new H1B approved first?

Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...

29 Aug 2019

Next week, I am scheduled to travel to the U.S. to visit my adult children for a few months. I just realized that my B-1/B-2 visa stamp is going to expire next month. Does that mean I will only be issued an I-94 through the expiration date of the visa stamp?

Answer So long as the B-1/B-2 visa foil (commonly referred to as a "stamp") is valid at the time the person requests admission into the United States, the expiration date of the visa will generally not impact the validity period of the I-94 issued by the...