29 Jan 2025

While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed the extension because I traveled. Will this denial be seen as a black mark in my record?

Answer No, this is no cause for concern. A denial in this situation normally would neither create any type of immigration problem, nor be viewed negatively by immigration officials. (28.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

15 Jan 2025

I am scheduled to apply for an H1B visa stamp next month in Chennai, but my project ended. Can I use the same appointment slot to apply for a H-4 visa instead?

Answer You typically need to cancel the existing appointment, and schedule a new appointment with a new DS-160 (indicating the appointment is for H-4.) It may be possible to reuse the fee. (15.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

11 Dec 2024

I am currently in the U.S. in H1B status, but plan on traveling to India soon to apply for stamping. While filling out the DS-160 form, it asks for my address. Should I use my U.S. address or my address in India?

Answer If you are completing the DS-160 while in the U.S., you should use your U.S. address as your current address and your Indian address as the mailing address.If you are in India when filling the form, you can list your Indian address for both; or...

25 Nov 2024

Preparing for a Possible Travel Ban Under the Trump Administration

President-elect Donald Trump soon will be sworn in as the forty-seventh President of the United States, and many foreign nationals are nervously waiting to see how and when he will implement many of the disruptive immigration policies that marked his first term in office. One...

07 Nov 2024

USCIS and DOS Policies Impacting People with Unlawful Presence and Advance Parole

As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...

06 Nov 2024

A couple of years after I naturalized to become a U.S. citizen, I went back to India to take care of my elderly father. It has now been more than ten years, and I am traveling back to the U.S. for the first time. Will this be an issue?

Answer Generally speaking, a U.S. citizen with a valid U.S. passport should be admitted to the United States, even after a prolonged absence from the country. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...