20 Feb 2020

I got my green card through my employer 4 1/2 years ago. To apply for citizenship, I understand that I need to be able to show five years of continuous residence in the U.S. However, my friend told me that I actually can file 3 months before reaching the 5-year mark. Is that true?

Answer In most circumstances, a naturalization application may be filed up to 3 months before the continuous residence requirements are met. This, of course, assumes one meets all of the other standard requirements to naturalize. See the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (05.Apr.2017) for...

20 Feb 2020

When I was a child, I had a green card through my parents. My family moved me back to India when I was 7 or 8 years old. I am now in my 20s and want to move back to the U.S. Can I renew my green card now? 

Answer In general, a lawful permanent resident (i.e. 'green card' holder) who leaves the U.S. for more than one year is deemed to have abandoned his/her residency. There are exceptions to this rule, but you would need to consult with an attorney who can review your...

13 Feb 2020

My H1B extension was recently denied. On the denial notice, it says that we have 30 days to file an appeal or motion. Does this mean I am allowed to stay in the U.S. for 30 days while we decide what to do? If we do appeal, can I stay in the U.S. while the appeal is pending?

Answer Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once...

13 Feb 2020

My H1B petition is valid for 2 years, but I do not have a visa stamp, and my Indian passport expires in 4 months. I am visiting my family in India next week. Is it ok to apply for a new H1B visa stamp now?

Answer Generally speaking, as long as the passport and H1B petition are still valid, the consulate has the discretion to issue a new H1B visa "stamp." However, if you do not have a new passport by the time you return to the U.S., the Customs and...

06 Feb 2020

My uncle (father’s brother) is a U.S. citizen. Can he sponsor me for a green card?

Answer No, generally speaking, a foreign national cannot be directly sponsored for a family-based green card by their aunt or uncle. (06.Feb.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...

06 Feb 2020

Last year, my employer in India asked me to travel to the U.S. to attend a few meetings being held by the U.S. parent company. I was issued a B-1/B-2 visa based on an invite letter from the U.S. company. I am now working for a different Indian company, and have been asked to attend a conference in the U.S. Do I need to get a new B-1/B-2?

Answer Normally, a B-1/B-2 visa is not tied to any particular employer or organization. As long as the B-1/B-2 remains valid, one ordinarily may use it to request admission for any activity that is permissible under B-1 or B-2 status. (06.Feb.2020)Sheela Murthy and other senior attorneys...