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26 May 2022

A few years ago, my employer filed an H1B extension for me. My I-94 expired shortly after the petition was filed. Then, the USCIS denied the petition and I left the U.S. as quickly as I could (2 or 3 days after I learned of the denial). I am now applying for a B-1/B-2 visa. Do I have to disclose this info on my DS-160, or was my brief stay following the denial covered by a grace period?

Answer Generally speaking, if an H1B extension is timely filed, the H1B worker may remain in the U.S. for as long as the petition remains pending. If the petition is denied, the individual normally is eligible a grace period of up to 60 days or the...

05:50 / FAQs / For Individuals / Visitor / Worker
12 May 2022

A few months ago, I applied for a B-1/B-2 visa to attend a specific conference. The visa was issued, but there was then a change in plans and I did not attend the conference. I now wish to get to the U.S. to attend a different conference. Can I use the existing B-1/B-2 visa, or do I need to reapply?

Answer Although a person may apply for a B-1/B-2 visa for a particular purpose (e.g., to visit family) or a particular event (e.g., attending a specific conference), the B-1/B-2 visa normally is not tied to any specific activity or event. Rather, as long the visa remains...

07:15 / FAQs / For Individuals / Travel / Visitor
12 May 2022

I reside in Canada and have been offered an IT position by a Canadian company that distributes marijuana. The company’s activities are legal under Canadian law. I have family in the U.S. If I accept this job, will it prevent me from being admitted to the U.S. as a visitor?

Answer U.S. Customs and Border Protection (CBP) has indicated that, if a foreign national is engaged in a marijuana business in Canada, where there is no commerce with the United States, that alone likely would not make the individual inadmissible to the U.S. (12.May.2022)Sheela Murthy and...

07:05 / FAQs / For Individuals / Homeland Security / Travel / Visitor
21 Apr 2022

I have a B-1/B-2 visa in my passport, and my L-1 petition was recently approved. My L-1 visa appointment at the consulate is scheduled for June. Can I enter on my B-1/B-2 to attend some meetings, and then fly home before the visa appointment?

Answer Having an approved L-1 petition would not prevent a person from requesting admission on B-1/B-2. The immigration officer at the U.S. port of entry virtually always has discretion to deny a person admission on a B-1/B-2, but having an approved L-1 petition would not prevent...

08:10 / FAQs / For Individuals / Travel / Visitor / Worker
06 Apr 2022

I am in B-1/B-2 status and my I-94 will expire in a few weeks. I wish to extend my stay by one month so I can attend an important event. However, I read online that, to extend my status, I need to file the application at least 45 days before my status expires. Is that correct?

Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...

18:30 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor
29 Mar 2022

NewsFlash! USCIS Announces Plans for Expansion of Premium Processing and Additional Initiatives to Reduce Adjudication Delays

Today, the U.S. Citizenship and Immigration Services (USCIS) announced multiple initiatives to help streamline the adjudication of benefit requests and reduce significant backlogs. Most importantly, the agency announced that the Department of Homeland Security (DHS) has finalized the rule expanding premium processing to additional application...

12:06 / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor
24 Mar 2022

I have a B-1 visa in my passport. A company in the U.S. submitted an H1B registration for me. If the registration is selected, can I enter the U.S. on the B-1 so the employer can file the petition requesting a change of status?

Answer Ordinarily, a person may not enter the U.S. in B-1 status with the intention of then applying for a change to H1B status.  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:45 / FAQs / For Individuals / Travel / Visitor / Worker
17 Mar 2022

I have a friend in Ukraine who recently fled to a neighboring country. Are there any special visa options she may have to come stay with me for a time in the U.S.?

Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa.One option may be to apply for a B-1/B-2 visa. One hurdle with this option is that the...

08:15 / Consulates / FAQs / For Individuals / Student / Travel / Visitor