25 Jun 2018

I applied for an H1B visa stamp in India, but the consulate sent it for administrative processing, which has been pending for about a month. Now I have a job offer from a different employer. Can I transfer my H1B to new company and go for stamping once the new petition gets approved?

Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...

11 Jun 2018

My current I-94 is valid through 2020, but I have an H1B amendment pending because of a change of client. Can I travel out of country and return while the petition is still pending?

Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...

11 Jun 2018

My current passport expires in two years. If I apply for a B-2 visitor visa stamp now, will the consulate still potentially approve it with a full ten-year validity period?

Answer A B-1/B-2 visa is normally issued for 10 years, even if the passport will expire sooner than that. One can travel with two passports after the original passport expires (i.e. the new passport and the expired passport that contains the unexpired visa stamp). (11.Jun.2018)In frequent...

11 Jun 2018

I helped my mother apply for a B-2 visitor visa a few years ago. She has visited me a couple of times in Washington D.C. over the past few years. Now she wishes to visit my sister, who lives in California. Can she use the existing B-2 to fly into an airport in California? Or, does my sister have to sponsor them for a new B-2 visa?

Answer A B-2 visa is not "sponsored" by anyone. Once the visa is issued, it can be used to request admission for any valid B-2 purpose at any U.S. port of entry. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...