Attorneys Law Firm Practicecontact us
14 Aug 2024

I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?

Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...

06:38 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
07 Aug 2024

I applied for naturalization based on three years of marriage to my U.S. citizen spouse. Do I still need to list my travel history for the last 5 years on the N-400 application?

Answer No, in this situation, you only need to list your travel history for the last 3 years. (07.Aug.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...

07:48 / Citizen / Family Based / FAQs / For Families / For Individuals / Resident / Travel
24 Jul 2024

My employer filed an I-140 for me, which is currently pending. I have only spent about 60 days in total in the U.S. since the I-140 was filed. Is there a rule that I must complete at least 180 days in the U.S. in order for the I-140 to be approved?

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...

07:40 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
17 Jul 2024

My H1B visa is valid through 2026, but my Indian passport expires in three months. Can I still use it to enter the U.S., or does the passport have to be valid for at least six months?

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...

07:52 / FAQs / For Individuals / Travel / Worker
10 Jul 2024

My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

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...

17:27 / FAQs / For Employers / For Individuals / Travel / Worker
10 Jul 2024

I have an H1B visa in my Indian passport. I recently became an Australian citizen. Is it possible to transfer the visa to my Australian passport, or to travel based on the visa that is in my Indian passport?

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...

17:10 / FAQs / For Individuals / Homeland Security / Travel / Worker
03 Jul 2024

I am in H1B status, and my family is in H-4. Our I-94s were all extended through 2027, but our visa stamps expired last year. My wife and kids wish to travel to India for a few weeks. Can they go for stamping, even though I plan to stay in the U.S., or do I have to apply first?

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...

12:56 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker