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28 Apr 2022

I entered the U.S. a few months ago in H-4 status, and my I-94 was only granted through the end of May, based on my passport expiration date. I have now renewed my passport. How can I get my I-94 extended to match my H1B husband’s I-94? Can I go back to the port of entry to get the officer to correct my I-94?

Answer If this was an error by a U.S. Customs and Border Protection (CBP) officer at a port of entry, one normally can contact a CBP deferred inspection site to request that the I-94 be corrected. But here, it does not sound as though an error...

09:19 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel
28 Apr 2022

My employer forgot to sign the I-129 form on my H1B extension, and the petition was rejected by USCIS. By the time my petition was refiled, my I-94 had already expired, and I accumulated about 2 weeks of unlawful presence. I have a Canadian visa, so I left for Canada. The H1B extension has since been approved. Is it true I have to fly back to my home country (India) to apply for the new H1B visa stamp?

Answer Under 222(g), if a person accumulates any unlawful presence and then departs the U.S., the existing visa becomes void. Further, the individual generally is required to apply for a new nonimmigrant visa in the country of nationality. If the foreign national applies in a country...

09:16 / Consulates / FAQs / For Individuals / Worker
28 Apr 2022

My H1B extension was denied and my I-94 has already expired. If my employer files a motion to reopen, am I allowed to remain in the U.S. while the motion is pending?

Answer No, as a general rule, filing a motion does not provide a person with lawful status or any other form of authorization to remain in the U.S. (28.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09:13 / FAQs / For Individuals / Worker
21 Apr 2022

I have a B-1/B-2 visa in my passport, and my L-1 petition was recently approved. My L-1 visa appointment at the consulate is scheduled for June. Can I enter on my B-1/B-2 to attend some meetings, and then fly home before the visa appointment?

Answer Having an approved L-1 petition would not prevent a person from requesting admission on B-1/B-2. The immigration officer at the U.S. port of entry virtually always has discretion to deny a person admission on a B-1/B-2, but having an approved L-1 petition would not prevent...

08:10 / FAQs / For Individuals / Travel / Visitor / Worker
21 Apr 2022

I worked in H1B for a couple of years and then left the U.S. That was nearly ten years ago. I now have a company in the U.S. that wants to sponsor me. Do I have to go through the lottery again?

Answer In general, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. or changes status prior to utilizing the full 6 years of...

08:06 / FAQs / For Employers / For Individuals / Worker
14 Apr 2022

My husband was in L1A status and I have L2S status valid for several more months. His change of status to H1B was recently approved, while my change to H-4 status is still pending. Can I continue to work based on my L2S status?

Answer Generally speaking, once the principal spouse is no longer in valid L1A status, the dependent spouse is no longer considered to be in valid L2S status. Therefore, it normally would not be permissible to work in this situation. (13.Apr.2022)Sheela Murthy and other senior attorneys provide...

08:09 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
14 Apr 2022

My H-4 status expires in June, so I filed an H-4 extension. I was also selected in the lottery, and my employer is requesting an October 1st start date for my H1B change-of-status petition. Will the pending H-4 extension impact my H1B case?

Answer The fact that both the H-4 extension and the H1B change of status are pending at the same time is not really an issue. But, given the lengthy processing times for H-4 extensions, it is entirely possible that the H-4 application will still be pending...

08:06 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
14 Apr 2022

I had an H1B valid for 2 more years with Employer A, but my project ended and I was laid off. After about 30 days, Employer B filed a petition for me and I started working based on the receipt notice. That petition was just denied. Am I allowed to use the remaining 30 days of my 60-day grace period?

Answer Unfortunately, no, this is not permissible. The grace period is available for a maximum of 60 consecutive days. If Employer B's petition had been approved and you then resigned or were terminated, you likely would have been eligible for a new 60-day grace period based...

08:03 / FAQs / For Individuals / Worker
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...

18:30 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor