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...

29 Aug 2019

I have been working as a manager for a company in India for two years. I am now being transferred to the U.S. subsidiary to work as a manager in H1B status. Do I need to move to L1A status to be able to file for EB1 as a manager/executive? If the company does not want to sponsor me for EB1, can I sponsor myself?

Answer One does not need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. But, the EB1(c) petition must be sponsored by the employer. The only type of EB1 case that can be self-sponsored is EB1(a), which...

21 Aug 2019

My client would like me to travel to the U.S. to attend a couple of meetings, so I am applying for a B-1/B-2 visa. Do I need to present the original invitation letter? Or, can I use a scanned copy of the letter?

Answer An invitation letter – whether it be the original or a copy – is not normally required. It can be helpful in certain situations, though. If presented during the visa application, a scanned copy typically would suffice. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy...

21 Aug 2019

I am currently in F-2 status, and am applying for a change to F-1 status. If the change-of-status application is denied, will my F-2 status be revoked?

Answer Ordinarily, if an application to change status is denied, this would not impact one's existing F-2 status. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...

21 Aug 2019

My project ended and I now am looking for a new H1B employer. I have about 10 days left of my 60-day grace period. If a new employer files an LCA for me within the 60 days, can the H1B change-of-employer then be filed shortly after the 60 days have passed?

Answer Generally speaking, no, this would not work. In order to be able to port to a new H1B employer, one would need to have the change-of-employer petition filed within the 60-day grace period. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

21 Aug 2019

I am a recipient of Conrad-30 waiver, which I completed last year. If I apply for an H1B position, do I have to go through the lottery?

Answer Generally speaking, a person who has obtained a Conrad 30 waiver is not subject to the H1B cap. Therefore, there typically would be no need to apply through the lottery. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...