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31 Oct 2019

I have been working in H1B status for several years. My I-94 has been extended to 2022, but the visa stamp in my passport has expired. Can I apply for a new stamp in Canada?

Answer Generally speaking, it is possible to apply for a visa "stamp" in Canada. It is suggested that you read this official information regarding third-country nationals applying for a visa in Canada. (30.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

11:57 / Consulates / FAQs / Travel / Worker
17 Oct 2019

My H1B petition was approved for consular notification. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U.S. Consulate in Chennai. Is it ok if I apply for my H1B visa stamping in Chennai?

Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...

12:31 / Consulates / FAQs / For Individuals / Travel / Worker
17 Oct 2019

My husband is working in the U.S. in H1B status. I want to visit him periodically, but I need to stay in my home country most of the time because I am still at university. Can I apply for an H-4 visa, even though my trips will be fairly short? Or should I instead apply for a B-2 visa?

Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...

12:25 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor / Worker
09 Oct 2019

When I entered on my B-1/B-2 visa, I was admitted for six months. I am going to be taking a short trip to Canada and then come back to the U.S. Will I be granted an additional six months when I come back in?

Answer The U.S. Customs and Border Protection (CBP) officer at the port of entry has the discretion to readmit a B-1/B-2 visitor for an additional 6 months. In many cases, however, the person is readmitted only for the remaining validity of the I-94 issued prior to...

15:25 / FAQs / For Individuals / Travel / Visitor
26 Sep 2019

My H1B change of employer was approved, and I am about to travel abroad for a few weeks. My visa stamp, issued through my previous employer, expires in 3 months. Can I still use that visa?

Answer Generally speaking, the H1B visa foil (i.e., "stamp") remains valid, even if the person moves to a different employer. Typically, as long as the visa is still unexpired at the time one requests admission to the U.S., the CBP officer at the port of entry...

09:06 / FAQs / For Individuals / Travel / Worker
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...

09:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Travel / Worker
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...

12:18 / Citizen / Consulates / FAQs / For Families / For Individuals / Travel