03 Jun 2021

My wife has an H-4 visa, which was stamped with my previous employer. It is valid through 2022. Do I need to file the H-4 extension now, or can it wait until right before it expires?

Answer First off, if a person is in the U.S., the expiration date of the H-4 visa "stamp" has no impact on one's status. Status generally is determined by one's I-94 expiration date.Second, both H-4 status and the H-4 visa stamp are not tied to any...

27 May 2021

A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?

Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.2021)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 ©...

27 May 2021

I am recently divorced and wish to travel to the U.S. in H1B with my minor son, who will be coming in H-4 status. My ex-husband has no objections to this. Do I need to bring documents with me for my son to enter, since his father will not be traveling with us?

Answer U.S. Customs and Border Protection (CBP) strongly recommends that, if a child is only being accompanied by one parent, the parent traveling with the child carry a note from the other parent that states: "I acknowledge that my wife / husband / etc is traveling...

20 May 2021

I lost my job due to the pandemic and returned to India. I have not been able to keep up with my credit card payments. Will this prevent me from returning to the U.S. in the future?

AnswerNo. Under the current immigration rules, owing money to a credit card company typically would not prevent a person from entering the United States.  (20.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

05 May 2021

Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19

President Biden's Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice.Importantly, this prohibition on entry has...