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16 Oct 2024

I mailed my application for advance parole on October 10, 2024. The next day, the USCIS released an updated form I-131, which went into immediate effect. Will the USCIS reject my application?

Answer The USCIS will accept filings using the 04/01/24 edition of form I-131 that are postmarked before October 11, 2024. (16.Oct.2024)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 ©...

10:43 / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / USCIS News
09 Oct 2024

I am in H1B status and my wife and kids are on H-4. I am planning to travel to India for visa stamping, but my family will be staying here, as my kids are in school. Is it okay for my H-4 family members to be in the U.S. when I apply for stamping?

Answer Per a 2006 USCIS memo, “… an H1B or L-1 worker who appropriately brings his or her family to the United States may from time to time be stationed temporarily outside the United States while leaving the family in the United States for purposes of...

13:43 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
02 Oct 2024

My spouse’s L-1 is approved but my L2S extension is still pending. I do not want to lose my work authorization, so could I use my spouse’s L-1 approval to apply for an L-2 visa stamp, and then use that to get my L2S status extended?

Answer Yes, that generally is a sound strategy. If the principal's L-1 extension has already been approved, it normally can be used to apply for an L-2 visa at a consular post. With the L-2 visa and the L-1 approval, the dependent spouse normally can be...

10:21 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
18 Sep 2024

I applied for my 24-month STEM OPT extension and it currently is pending. My first-year OPT EAD expired two weeks ago. I just received news that I must travel back to my home country for a couple of weeks to attend to a sick relative. Will I be able to return to resume my STEM OPT?

Answer Your EAD and F-1 status are automatically extended for 180 days while your STEM OPT is pending. If you travel during this time, you should be able to come back with an expired EAD and the STEM OPT receipt notice. You should also be able...

10:43 / F-1 / FAQs / For Individuals / Student / Travel
04 Sep 2024

If I travel while my H1B extension is pending and return while my existing petition is still valid, but before the extension is approved, what happens once the extension is approved? Can I rely on the extended I-94 in that situation?

Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...

10:38 / FAQs / For Employers / For Individuals / Travel / Worker
04 Sep 2024

My H-4 I-94 duration was shortened because my passport was expiring, but my EAD is valid for another 2 years. Can I continue to work after I file my H-4 extension?

Answer Unfortunately, no. Normally, an H-4 dependent spouse cannot work past the I-94 expiration date. (03.Sep.2024)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 © 2024, MURTHY LAW FIRM. All...

10:30 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
28 Aug 2024

I am in India and my husband is working in the U.S. in H1B status. I plan to arrive in the U.S. in December. Can I apply for an H-4 EAD now, so that it might be approved by the time I arrive in the U.S.?

Answer Unfortunately, one generally must be physically in the United States to apply for an H-4 EAD. In many situations, however, it is possible to leave the U.S. while the H-4 EAD application is still pending. (28.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

10:39 / FAQs / For Families / For Individuals / Travel / Worker
21 Aug 2024

I am currently in the U.S. on H1B, and my visa stamp has expired. I am supposed to travel to Toronto for a short business trip. Is it true that I can go to Canada and come back without having to get a new visa stamp?

Answer Under the contiguous territory rule (also known as automatic visa revalidation or AVR,) a foreign national may be readmitted to the U.S. after traveling to Canada or Mexico for no more than 30 days. A more detailed explanation of this program is available in the...

13:06 / FAQs / For Individuals / Travel / Worker