30 Apr 2018

My current H1B I-94 is still valid, but my H1B amendment is pending. If I travel overseas for a couple of weeks, am I allowed to return while the H1B amendment is still pending?

Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...

23 Apr 2018

My EB2 I-140 is approved. Now, I am being moved to work at a different physical location, but will be in the same position, performing the same duties. Do I need a new I-140 and/or a new PERM?

Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

23 Apr 2018

I am on H1B. Is there any way to have my mother accompany me to the U.S. as my dependent?

Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...

16 Apr 2018

I’m in H1B status right now, but want to move to F-1 status to get a master’s degree. When I’m done with that program, can I then return to H1B status?

Answer One generally could change status to F-1 student, complete one's education, and then have an employer file an H1B petition to "recapture" the remainder of the 6 years of H1B time. (16.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

16 Apr 2018

Last year, I changed status to H1B, so I am in valid status, but I don’t have an H1B visa stamp. I will soon be visiting a friend in El Paso, Texas. Will not having a valid H1B stamp be a problem?

Answer A visa foil (commonly referred to as a "stamp") is an entry document. As long as one remains in the U.S., there generally is no need to have a valid visa.That being said, border cities, like El Paso, sometimes have border patrol checkpoints. El Paso...