19 Oct 2023

My mother is visiting on her B-2 visa and recently applied for an extension. If the receipt notice does not arrive before her I-94 expires, does she need to leave the U.S.?

Answer In order to remain in the United States in a period of authorized stay, the B-2 visitor must file the application to extend or change status prior to the expiration date of her current I-94. There is no requirement that the receipt notice be issued...

19 Oct 2023

The last time I entered the U.S. in H1B status, I was admitted for an extra 10 days. Am I allowed to work during that 10-day period?

Answer The U.S. Customs and Border Protection (CBP) officers at the ports of entry have the discretion to grant a 10-day grace period beyond the validity period of a person's petition (as do USCIS officers). However, this grace period does not provide any type of work...

12 Oct 2023

My L1A petition was recently approved. My employer is not filing my EB1(c) petition, based on the same foreign managerial position and the same U.S. managerial position. Does the L1A approval mean it is very likely the EB1(c) will be approved?

Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...

12 Oct 2023

My friend and I are both in H1B status and are thinking of investing in a hotel together. We then want to use that investment to apply for green cards through the EB5 category. Is that possible?

Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

05 Oct 2023

I just filed my H-4 and H-4 EAD extensions together. Both my I-94 and EAD are about to expire. Am I now allowed to work for 240 days based on the pending extension applications?

Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...

05 Oct 2023

After my project ended last month, my employer did not have another project lined up for me, so I was laid off. That same employer now has a new project available for me. If the employer files an H1B amendment for me before the end of my grace period, can I immediately resume working for them on the new project?

Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

05 Oct 2023

After being laid off, I filed an application to change status to B-1. I recently received an RFE asking for evidence that I have the financial means to support myself. I have about $40,000 in my savings account. Is that sufficient? Is there a set dollar figure required?

Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...