Travel Ban and the Exceptions


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This week, Murthy Law Firm attorneys will answer questions regarding the travel ban and the exceptions.    

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1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
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I have a valid H1B visa till Sept 2nd week and stuck in India due to recent travel ban. I am trying to see if below is an legally viable option to re-enter US during end of May.  Option : Fly to Mexico from India, stay there for 14 days and then fly to US. 

Is that an option i can try ? If yes, does that come under essential travel ?(I read that US-Mexico has "only Essential" travel restriction till May 21st).

If not, how can i prove/show evidence that my mine is an essential travel ? My client needs me to be office from start of June.

Please suggest.



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Please advise on below query.

H1B six years expiring in 12 days, PERM approved which was filed 7 months back and i140 RFE issued 2 days back.

Can I stay in US beyond 6 yrs H1B deadline as my I140 is still not approved.

If i stay in US beyond 6 yrs H1B date  due to COVID situation in INDIA and current US travel restrictions while i140 is pending, what are the consequences if any.

Thank you.


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Hi Attorney,

I went to India on 5-Apr-2021 for vacation for 1 week and then started working for 3 weeks from India, due to sudden travel ban I'm stuck in India currently. As per my HR I'm not supposed to work outside US beyond certain time frame as our company does not have a legal entity in India. They are asking me to take forced vacation till the ban is lifted and I'm back to US. Also my H1B stamping is expiring this may 24th which puts me indefinite situation of when I can get stamped and travel back to US once ban is lifted. What are the options I have and is it true that I can not work from India beyond certain time if my company does not have legal entity in India. Any info or online documentation regarding this is highly appreciated. Please advise and thanks in advance.

If this is not the right forum/topic, please point me to right place so I can post me question there. Thanks.

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Is the NIE  stated in the proclamation applicable to H1B visa holders? Some reading suggests that personnel supporting critical infrastructure sectors such as Energy, Informational Technology, HealthCare and others can be allowed to enter the United States on approval of an NIE. 

What is the process of applying an NIE? Does the H1-B beneficiary directly reach out to the embassy in India or does this have to be initiated by the H1-B employer?


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My in-laws are visiting us and their duration of stay (6 months) is about to expire on 5/22/21.
We had filed an extension of stay application (on 4/7/21, 45 days prior to 5/22/21) since any travel seems unfavourable from a health perspective currently due to their age. We have received the initial notice (on 4/22/21) stating that the application has been received and is being processed. We tried calling USCIS but the bot didn't let us connect to a live agent citing that all help is available via online tools.
Their original travel plan had departure on 5/17/21, but the airline (Air India) has postponed their tickets to 6/4/21 citing operational reasons.
1) Can they continue to stay in the country if their extension of stay application is pending with USCIS and the original D/S expires?
2) Are there any means to connect to USCIS or otherwise get the processing expedited?
3) Would there be any impact to their future admittance to the US if they stay after the D/S expires?
Any guidance in this matter would be appreciated!
Khushbu Shah
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I have a flight on May 21 (India to USA), I called up United airlines and when I told them my immigration status EAD/AP they said I am eligible to travel on I-512 AP, not sure if that is correct, if I take risk and able to board the flight, what are the consequences at port of entry.



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