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28 Apr 2022

I entered the U.S. a few months ago in H-4 status, and my I-94 was only granted through the end of May, based on my passport expiration date. I have now renewed my passport. How can I get my I-94 extended to match my H1B husband’s I-94? Can I go back to the port of entry to get the officer to correct my I-94?

Answer If this was an error by a U.S. Customs and Border Protection (CBP) officer at a port of entry, one normally can contact a CBP deferred inspection site to request that the I-94 be corrected. But here, it does not sound as though an error...

09:19 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel
28 Apr 2022

My employer forgot to sign the I-129 form on my H1B extension, and the petition was rejected by USCIS. By the time my petition was refiled, my I-94 had already expired, and I accumulated about 2 weeks of unlawful presence. I have a Canadian visa, so I left for Canada. The H1B extension has since been approved. Is it true I have to fly back to my home country (India) to apply for the new H1B visa stamp?

Answer Under 222(g), if a person accumulates any unlawful presence and then departs the U.S., the existing visa becomes void. Further, the individual generally is required to apply for a new nonimmigrant visa in the country of nationality. If the foreign national applies in a country...

09:16 / Consulates / FAQs / For Individuals / Worker
28 Apr 2022

My H1B extension was denied and my I-94 has already expired. If my employer files a motion to reopen, am I allowed to remain in the U.S. while the motion is pending?

Answer No, as a general rule, filing a motion does not provide a person with lawful status or any other form of authorization to remain in the U.S. (28.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09:13 / FAQs / For Individuals / Worker
25 Apr 2022

Interview Waivers for Certain Conditional Permanent Residents

The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) who have filed a petition to remove conditions on residence (form I-751). This replaces the previous policy, which had mandated interviews for virtually all CPRs...

09:55 / Consulates / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
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
21 Apr 2022

I worked in H1B for a couple of years and then left the U.S. That was nearly ten years ago. I now have a company in the U.S. that wants to sponsor me. Do I have to go through the lottery again?

Answer In general, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. or changes status prior to utilizing the full 6 years of...

08:06 / FAQs / For Employers / For Individuals / Worker