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08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

08:53 / AOS/CP (Family) / B-2 / Family Based / FAQs / For Individuals / Resident / Travel / Visitor
01 Apr 2021

I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?

Answer Getting married to a person with a green card would have no direct impact on one's F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent. (01.Apr.2021)Sheela...

08:30 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student
01 Apr 2021

I need to get an English translation of a document that I am submitting to the USCIS. Can anyone translate the document, or do I have to hire an official translation service?

Answer Per the USCIS policy manual, "any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from...

08:26 / FAQs / For Employers / For Families / For Individuals / Resident
25 Mar 2021

I have a bachelor’s degree in Computer Science and an MBA from a U.S. university. My employer submitted an H1B registration for me and listed that I am eligible for the master’s cap. However, the position requires a computer science degree, not an MBA. Is that ok?

Answer To qualify for the master's cap, one must have a master's degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (25.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that...

11:59 / FAQs / For Employers / For Individuals / Worker
18 Mar 2021

My father is in the U.S. in B-2 status, and his I-94 expires in a couple of weeks. His B-2 visa stamp expires next month. If he applies for a B-2 extension, can he request an end-date beyond the expiration date of the visa stamp?

Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...

09:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Visitor
18 Mar 2021

I am filing an I-539 application to request an extension of B-2 status. Do I need to include an I-134 form with my application?

Answer No, an I-539 applicant is not normally required to include an affidavit of support (form I-134) with the application. (18.Mar.2021)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 ©...

09:06 / FAQs / For Individuals / Visitor
18 Mar 2021

I am currently in India. My H1B petition was approved and I have a valid H1B visa in my passport. However, my project was just canceled. Can I enter in H1B to search for a new project?

Answer No, normally a person cannot enter the U.S. in H1B status for purposes of finding a new H1B employer or project. (18.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

09:04 / FAQs / For Individuals / Worker