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10 Aug 2023

MurthyAudio: Impact of Criminal Issues

The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023.The MP3 is available here and in the archive of our teleconferences and podcasts...

07:12 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / MurthyAudio / Nonimmigrant Family / Resident / Student / Visitor / Worker
10 Aug 2023

After entering the U.S. on B-2, my mother was injured and is now undergoing medical treatment. Her I-94 expires in a few weeks, and she applied for a B-2 extension, which is still pending. If the B-2 extension is not approved before her I-94 expires, is she required to leave the U.S.?

Answer Typically, a person in B-2 status who timely files for an extension of stay is permitted to remain in the U.S. in a period of authorized stay based on the pending application.  (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

06:40 / FAQs / For Individuals / Visitor
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
03 Aug 2023

I’m in the U.S. on a B-1/B-2 visa for a business trip. I need to go to Canada for a couple of weeks and then return to the U.S. Will I be readmitted for a full 6-month period when I come back?

Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the U.S.,...

06:32 / FAQs / For Individuals / Travel / Visitor
27 Jul 2023

My parents are visiting me, and I submitted two separate applications online to extend their B-2 status. My father’s case was approved a few weeks ago, but my mother’s case is still pending. Does this mean there’s a problem with her case?

Answer Assuming the case is still within the posted processing times, this generally is not a cause for concern. (27.Jul.2023)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 © 2023,...

07:29 / FAQs / For Individuals / Visitor
20 Jul 2023

Last year, my mother came to the U.S. on her B-2 visa and stayed here for 6 months. She is now hoping to come back to the U.S. to attend a wedding, but this travel is not critical. How long does she need to wait before coming back to visit on B-2?

AnswerThere is no set length of time that a person must wait to request readmission on a B-1/B-2 (or B-2) visa. However, U.S. Customs and Border Protection (CBP) officers at the port of entry always have discretion to admit (or deny admission to) a person...

07:01 / FAQs / For Individuals / Homeland Security / Travel / Visitor
28 Jun 2023

I was just laid off from my H1B position. I hope to find a new H1B employer before the end of my grace period. If I don’t, I will apply for a change of status to B-1/B-2. By what date do I need to file the I-539? Do I need to get the receipt notice before the end of my grace period?

Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...

20:18 / FAQs / For Individuals / Visitor / Worker