Answer H1B status could be regained by filing an H1B petition via PP. But, it is likely that one would have to file this via consular processing, as it is not particularly likely one would be able to change from H1B to B and back to...
Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...
Answer The EAD extension can be filed 120 days in advance of the expiration. It is ok to travel outside the U.S. while the EAD is pending, but it is necessary to consider how one will reenter. The EAD is a work authorization document, not a...
Answer It is possible to travel while the H1B is pending. However, the request to change status will be abandoned. This means that, in order to actually change to H1B, it would typically be necessary to travel again and request the H1B visa 'stamp' at the...
Answer A naturalization applicant can engage in routine travel. The applicant must meet the physical presence and residency requirements at the time of filing, as well as the continuity requirements; and, the applicant must continue to meet these requirements until s/he is granted U.S. citizenship. So,...
Answer The visa is a travel document, only. Status is determined (usually) by the I-94. For students, the I-94 says d/s (which stands for 'duration of status'). So, status is governed by the I-20. If the OPT is expiring and there is no eligibility for a...
It is the time of year when many former F-1 students are transitioning to H1B status. The Murthy Law Firm has some thoughts regarding travel considerations for F-1 students who need or want to go abroad while transitioning to H1B status. Many F-1 students wish...
Originally published May 5, 2013, this NewsBrief has been updated for MurthyDotCom readers.The term "cap gap" refers to the period of time between April 1st and October 1st each year when many F-1 students experience a gap from the end of their optional practical training...
Travelers entering the United States on the visa waiver program (VWP) face additional screening questions when completing the application for Electronic System for Travel Authorization (ESTA). These ESTA restrictions are part of the VWP program and are based on an applicant's nationality and/or travel history. Background...
The American Immigration Lawyers Association (AILA) annual conference is a valuable source of up-to-date immigration information, often directly from key government officials. This year the AILA Annual Conference is in Las Vegas from June 22-25, 2016. The Murthy Law Firm lawyers attending the conference are...
