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Immigration Issues/death of a family h1b extension


Hi, My cousin is about to file for her h1b extension next week as hervisa will expire in August. However, we just found out her father in the Philippines passed away today. Can she go home for a short time maybe 1or 2 weeks to attend the burial and final arrangements? What process does she need to go through? Id appreciate any and all input.

Dear Chai:
Sorry to hear about your cousin's father - I hope and wish god gives strength and courage to the bereaved family.  

Regarding travel, as you know the visa is expiring in August of 2012 (in about 2 months time) and extension has not been filed yet. Also, you did not mention whether H1 is stamped in the PP. My suggestion would be - if H1 is stamped she may not have much difficulty in travelling; also, I would recommend to file for extension ASAP - even expedited, if possible - get the receipts and travel.

You should bring with you all the required documents and evidence to show your current status and job.

Please note that, your question is too complex and case specific for it to be answered meaningfully on a forum. These questions are complex as delving into an area where the law is not very clearly defined; a detailed review of case law and the facts in your case may be necessary. I recommend hiring an immigration attorney to provide on-going support as it may be needed since you are delving into a murky area of the law.

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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