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25 Jul 2016

My current EAD, based on my pending I-485, expires in 8 months. Can I apply for EAD renewal now and then leave the U.S. for vacation?

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...

20:26 / Employment Based / FAQs / Resident / Travel
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25 Jul 2016

I am on OPT and have a valid F-1 visa. My H1B was selected in this year’s lottery and that case is still pending. Can travel to India while the H1B petition is pending?

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...

20:22 / FAQs / Student / Travel / Worker
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18 Jul 2016

Can I travel abroad for a week while waiting for a decision on a naturalization application?

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,...

17:27 / Citizen / FAQs / Travel
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18 Jul 2016

I am here in F-1 status and my OPT expires in 1 week. My F-1 visa “stamp” expires in one month. Does this mean I have to leave the country on the day of expiry of my visa?

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...

17:12 / FAQs / Student / Travel
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30 Jun 2016

Students Should Not Travel During Cap-Gap Period

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...

08:30 / F-1 / For Individuals / H1B / NewsBrief / Travel
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28 Jun 2016

Visa Waiver Program Restrictions Incorporated in ESTA

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...

12:49 / For Families / For Individuals / Homeland Security / NewsBrief / Travel / Visitor
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24 Jun 2016

Hot Topic: Global Visa Demand and India Heavily Backlogged

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...

17:25 / Consulates / NewsBrief / Travel / Visitor
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23 Jun 2016

Global Entry for India: Memorandum of Understanding Signed

Significant progress has been made toward India's inclusion in the expedited travel program known as Global Entry. After several years of effort, a memorandum of understanding (MOU) has been entered into between the United States and India, with the goal of facilitating legitimate travel between...

12:05 / Citizen / For Families / For Individuals / Homeland Security / NewsBrief / Travel / Visitor
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13 Jun 2016

I received an H1B visa stamp from my previous employer. That visa is in my old passport, which is now expired. Do I need to go for stamping again?

Answer If the H1B visa "stamp" is unexpired, it can be used to reenter with a new employer's I-797 petition approval. It is possible to travel with a new passport and use a visa in an old, expired passport. Just show both documents to the immigration...

12:44 / FAQs / Travel / Worker
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06 Jun 2016

Is it OK for a person who reentered the country on SB1 to apply for a reentry permit?

Answer The SB1 is a returning resident immigrant visa; if an SB1 application is approved, it can be used by a green card holder to return to the U.S. following a stay abroad that lasted longer than one year, or beyond the validity period of the...

14:09 / Employment Based / Family Based / FAQs / Resident / Travel
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