26 Jun 2024

I am a U.S. citizen. My mother entered on her tourist visa a few months ago. She was planning on returning home, but I’m trying to convince her to stay in the U.S. If she agrees, can I sponsor her for a green card now? Or would she have to go back to India for me to sponsor her?

Answer A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green card...

19 Jun 2024

I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?

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...

12 Jun 2023

USCIS Prioritizing Pending B-1/B-2 Applications for Laid Off Workers Who Find New Employment

The U.S. Citizenship and Immigration Service (USCIS) has provided a possible mechanism for certain laid off nonimmigrant workers who have pending B-1 or B-2 (B-1/B-2) applications to regain work visa status. More specifically, if the nonimmigrant worker has a pending application to change status to...

08 Jun 2023

I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary's grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with...

27 Apr 2023

I was planning to travel to the U.S. for a wedding. I applied for a B-1/B-2 visa, which was issued for 10 years. My plans have now changed, and I will not be traveling to the U.S. at this time. If I do not travel until next year, can I still use the same visa?

Answer Typically, as long as the B-1/B-2 visa has not expired, it can be used to request admission in B-1/B-2 status.  (27.Apr.2023)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 Apr 2022

I am in B-1/B-2 status and my I-94 will expire in a few weeks. I wish to extend my stay by one month so I can attend an important event. However, I read online that, to extend my status, I need to file the application at least 45 days before my status expires. Is that correct?

Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...

22 Feb 2016

Sheela Murthy Meets with Senior Officials at U.S. Consulate in Chennai

Murthy Law Firm founder and president, Sheela Murthy, was in India in January 2016. A meeting was scheduled for the 22nd. Accompanied by team members from the firm's liaison office in Chennai, Murthy met with the Chief of the Nonimmigrant Visa Section, Lindsey L. Rothenberg,...