20 Dec 2023

My I-140 was denied and my employer is appealing the decision. Meanwhile, I need to travel to India for an urgent personal matter. Will this travel harm the chances of my appeal being approved?

Answer Traveling typically would have no impact on a pending appeal of an I-140. (20.Dec.2023)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 © 2023, MURTHY LAW FIRM. All Rights...

20 Dec 2023

NewsFlash! Details of Domestic Visa Renewal Program Released

The details of the U.S. Department of State (DOS) pilot program to resume renewals of H1B visas from within the United States have been released, and will be officially published in the Federal Register tomorrow. The program will begin accepting applications on January 29, 2024....

30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

30 Nov 2023

I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...

15 Nov 2023

I was issued a B-1/B-2 visa several years ago, when I needed to come for a business trip. The visa was issued for 10 years. I now wish to come to the U.S. to attend a wedding. Can I use the same visa, or do I need to reapply?

Answer Generally speaking, as long as the B-1/B-2 visa remains valid, it may be used to request admission for any valid B-1 or B-2 purpose. This applies even if the reason for admission is unrelated to the reason the visa was initially requested. And, in general,...