Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at all...
On July 15, 2024, the U.S. Department of State announced updated guidance in the Foreign Affairs Manual to ease the process of obtaining a nonimmigrant waiver in certain circumstances. More specifically, this guidance applies to a foreign national who has graduated from a U.S. university,...
Answer We still don't have a return date for the program. But, during the national American Immigration Lawyers Association (AILA) meeting in June, a representative from the U.S. Department of State (DOS) indicated that the initial program was a big success and they have every intention...
Answer Generally speaking, an Indian passport may be used to request admission to the U.S., through the expiration date of the document. However, the I-94 issued at the U.S. port of entry likely will be issued only through your passport expiration date. (17.Jul.2024)Sheela Murthy and other...
Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...
Answer Unfortunately, no. There generally is no way to transfer a U.S. visa from one passport to another. In situations where you simply renew a passport issued by the same country, and you have a valid visa in your old passport, it normally is possible to...
In order to enter the United States in H1B status, a foreign national typically must first obtain an H1B visa foil (commonly referred to as a visa "stamp") from a U.S. consulate or embassy. This visa stamp generally will be annotated with the name of...
Answer Generally speaking, if the principal spouse is in valid H1B status, it is possible for the dependents to apply for H-4 visa “stamps.” There normally is no need for the H1B worker to obtain a new H1B visa unless and until s/he will be traveling...
Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application. (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer It appears that this I-94 was issued in error. If you discover a CBP error – even one that appears to be in your favor – you generally should contact CBP to get it corrected.Note that CBP has the discretion to admit an L-1 worker...
