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19 Mar 2020

I am in H-4 status. I was working for a company, but was just laid off due to the Coronavirus. Am I eligible to collect unemployment? Would that make me a public charge?

Answer Unemployment benefits generally are not taken into consideration for public charge purposes. However, you would need to check with your state's unemployment agency to see if you qualify for this benefit. (18.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

07:56 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
19 Mar 2020

My elderly father entered on a visitor visa about five months ago, and his I-94 is scheduled to expire in about 1 month. I do not think he should travel right now because of the COVID-19 outbreak. Can he extend his stay?

Answer Generally speaking, a person in valid B-1/B-2 status may apply for an extension of stay. Under normal circumstances, the USCIS is often reluctant to approve such applications, as this visa category is generally intended for relatively short trips for business and/or pleasure. However, the USCIS...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
12 Mar 2020

I am in H1B status, but my wife is finishing school in India. She has a B-1/B-2 visa in her passport. Can she use this to visit me? Or does she need to get an H-4 visa?

Answer Normally, if a person has a valid B-1/B-2 visa, she could use this to request admission in order to visit her H1B spouse in the U.S. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

09:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
12 Mar 2020

I own a consulting firm and am submitting several H1B registrations on my own. If any are selected, can I use an attorney to file the actual petitions?

Answer Yes, regardless of how the registrations were filed, you may use an attorney to file your H1B petitions. (11.Mar.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 © 2020,...

09:19 / FAQs / For Employers / Worker
12 Mar 2020

My H1B I-94 is valid for another year, but I was unhappy with my job, so I quit. My employer told me he is going to send a withdrawal notice to the USCIS. Am I still eligible for the 60-day period?

Answer Yes, ordinarily, the fact that the employer has withdrawn the H1B petition would have no impact on your eligibility for the 60-day grace period. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

09:16 / FAQs / For Individuals / Worker
04 Mar 2020

My H1B was approved through March 31st. However, the last time I entered the U.S., I was issued an I-94 valid through April 10th. Can I continue to work until April 10th? Or, can I at least stay until that date?

Answer CBP officers at the port of entry have the discretion to issue an I-94 10-days beyond the H1B petition end date. The foreign national cannot work during that 10-day period, but may remain in the U.S. during that time. (04.Mar.2020)Sheela Murthy and other senior attorneys...

17:23 / FAQs / For Employers / For Individuals / Worker
04 Mar 2020

My NIW I-140 was approved, but the priority date will probably not be current for a number of years. Can I go back to India, and then return to the U.S. once my priority date is current?

Answer Leaving the U.S. normally would not impact the validity of the I-140. Assuming one is going to be outside the U.S. at the time the priority date becomes current, it should be possible to have the case processed at the local U.S. consulate. (04.Mar.2020)Sheela Murthy...

17:20 / Consulates / Employment Based / FAQs / For Individuals / Resident