26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

12 Sep 2019

After my project in the U.S. ended, I returned back to India. Now, my former H1B employer would like me to do some work on a new U.S. project from my home in India. Do I need to get a new H1B approved first?

Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...

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...

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...

14 Aug 2019

My H1B was selected in the lottery, but it is still pending. If I travel outside the U.S. now, will that result in my H1B being denied?

Answer Generally speaking, if a person travels while an H1B petition is pending, any change-of-status request would be abandoned and the case could be approved only for consular notification. (14.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07 Aug 2019

I applied for a visa stamp at the U.S. Consulate in Chennai, but was issued a 221(g). I submitted all the documents requested about 2 months ago, but still no word from the consulate. Do I have any options?

Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...

24 Jul 2019

I own a company in India and need to travel to the U.S. to meet with a client. Will the consulate accept a scanned copy of an invitation letter from the U.S. company? Or do I need to present the original signed document?

Answer There is generally no requirement that an invitation letter be presented at all. However, they can be useful to evidence the purpose of one's proposed trip. If such a letter is submitted, a scanned copy is typically acceptable. (24.Jul.2019)In frequent sessions of our Chat, Sheela...