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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 am on H1B status and have an advance parole (AP) document based on my pending I-485. I do not have an H1B visa stamp. If I travel abroad and enter on AP, can I maintain my H1B status?

Answer Ordinarily, if a person enters using AP, that individual is not considered to be in H1B status.  (17.Mar.2022)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 © 2022, MURTHY...

08:18 / FAQs / For Individuals / Travel / Worker
10 Mar 2022

I have an H1B visa stamp from Employer A. Employer B then filed an H1B change of employer for me, which was approved. Last week, I entered the U.S. using the visa stamp from Employer A and the approval notice from Employer B. But, when I check my I-94 online, it shows that the officer only admitted me through the expiration date of my visa, not the extended date from Employer B’s petition. What should I do now?

Answer This is a fairly common issue that arises at U.S. ports of entry. We typically recommend contacting a U.S. Customs and Border Protection (CBP) deferred inspection site to request that the I-94 be corrected.Note that, in situations like these, it is virtually impossible to prove...

10:10 / FAQs / For Individuals / Travel / Worker
10 Mar 2022

I was born in India but will soon become a Canadian citizen. I understand that, for green card purposes, I still will be counted based on my country of birth, but what about applying for TN or E-2 status?

Answer Eligibility for E-1/E-2 and TN categories generally is based on country of citizenship. So, an Indian-born Canadian citizen typically is eligible to apply for either visa, assuming those nonimmigrant visa requirements otherwise are met. (10.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

10:07 / FAQs / For Individuals / Worker
03 Mar 2022

I was working for a company abroad as a manager for more than one year, and my employer then transferred me to the U.S. on H1B. Can they sponsor me for a green card through the EB1(c) multinational manager / executive category, or do I have to be moved to L1A status, first?

Answer There is no requirement that a foreign national be in L1A status before being sponsored for a green card through the EB1(c) category. Being in H1B status would not prevent an employer for filing an EB1(c) case on your behalf, assuming you meet all the...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
24 Feb 2022

Is it true that it will soon be possible to get a green card based on obtaining a PhD? I have also heard that I may be able to get a new type of visa if I start a business in the U.S. Is that going to soon be an option?

Answer Last summer, the U.S. Senate passed the United States Innovation and Competition Act. Earlier this month, the U.S. House passed its own version of the bill, called the America COMPETES Act. In order for the bill to be sent to the President to sign into...

07:34 / FAQs / For Individuals / Legislation / Resident / Worker