23 Nov 2022

I was laid off from my H1B position last month and I have since returned to my home country. I just found a new employer willing to file an H1B for me. Once the petition is approved, can I use my existing H1B visa stamp, or do I need to get a new one with the current employer’s name?

Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

27 Oct 2022

I was working in H1B status, and then went back to my home country due to an emergency. It has been about seven months, and I now wish to return to my H1B position in the U.S. My visa stamp is still valid, and my employer is supporting this. Is there anything special I need to carry due to my prolonged absence?

Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...

20 Oct 2022

I entered the U.S. in B-2 status to visit my daughter. Shortly before my I-94 expired, I applied for an extension, which is still pending. I am now scheduled to leave the U.S. next week, but USCIS just scheduled me for biometrics the week after I leave. Should I reschedule my flight so I can attend the biometrics appointment?

Answer In most situations, there would be no need to stay in the U.S. just to attend the biometrics appointment. Yes, failing to attend the biometrics will likely result in the I-539 being denied. However, if the I-539 was timely filed, and you then leave the...

13 Oct 2022

I was born in India, but recently became a citizen of Canada. My husband is an Indian citizen and is in the U.S. in H1B status. Do I have to go to the consulate to get an H-4 visa stamp?

Answer Generally speaking, Canadian citizens are visa exempt and do not require an H-4 visa to be admitted in H-4 status. (12.Oct.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...