Revalidation Not Required If Not Planning to Travel
Posted Jul 02, 2004

Many of our clients at The Law Office of Sheela Murthy, as well as users of our MurthyChat and MurthyForum, have been asking what the end of the U.S. Department of State (DOS) Revalidation program means for them.
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The DOS previously only reissued or revalidated visas in the passport for those who had obtained E, H, I, L, O, and P visas from a consulate abroad beforehand. The DOS program does not confer any legal status to a person in the U.S. The DOS only provides a visa stamp in the passport for those who wish to travel and then reenter the United States. One who has a valid I-94 card for H1B or H-4 status, who does not plan to leave the U.S. during the term of his or her status, does not need a visa stamp in the passport.
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If one plans to travel, and does not have an unexpired H1B or H-4 visa stamp for his or her current status, that person may want to use the DOS revalidation program before it expires on July 16, 2004, to apply for a visa revalidation or re-issuance. Otherwise, the next time the person leaves the U.S., s/he will need to go to the consulate to obtain a new visa stamp in the passport before reentering the U.S. if the prior visa stamp in that category under which the person is entering has already expired. Since most consulates now require personal interviews for the majority of nonimmigrant visa applicants, the ability to revalidate the visa stamp from within the U.S. is an attractive option for as long as it lasts - until July 16, 2004.
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To take advantage of the revalidation program before it is discontinued, the DOS must receive the request for revalidation prior to or on July 16, 2004. It is not sufficient to have the request simply postmarked by that date.


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