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...

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...

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 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...