10 Sep 2020

I was laid off from my H1B job, but my employer will pay me severance pay for the next 4 weeks. When does my 60-day grace period start?

Answer Assuming you otherwise qualify, the 60-day grace period normally would start upon the termination of employment. Payment of severance pay typically would not factor into this determination. (10.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

10 Sep 2020

My father is visiting on B-2 and he was scheduled to depart at the end of March. Due to the pandemic, he had to stay in the U.S., so he filed for a 6-month extension of his B-2 before his I-94 expired. That case is still pending, he is still unable to travel, and the requested end date has nearly arrived. Can he file for another extension?

Answer Yes, ordinarily, it is possible to file for a B-2 extension while the previous B-2 extension is still pending. (10.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright ©...

03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

26 Aug 2020

I have an approved H1B petition, but am stuck in India and am subject to the executive order. I do not believe I qualify for any of the exceptions. However, I do have a B-1 visa. Can I enter on B-1 and then change to H1B?

Answer A person may not normally enter the U.S. on a B-1 visa with the intention of changing status to H1B. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...

26 Aug 2020

My husband’s H1B extension is pending, as is my H-4 extension. Do I have to wait for the H1B to be approved before applying for an H-4 EAD?

Answer Assuming you meet all the other requirements for an H-4 EAD, it typically is possible to file the EAD application while the H1B and H-4 extensions are still pending. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

20 Aug 2020

My H1B registration was selected in the first lottery, but my employer lost the project and did not file a petition for me. Now that the second lottery has taken place, if my employer has a project for me, can the H1B petition now be filed?

Answer Assuming that your registration's filing deadline has passed - and virtually all of the initial registrations had a filing deadline of June 30, 2020 - it generally would not be possible to file the case now. (20.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that...

20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...