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22 Sep 2026

I recently attended my H1B visa interview at a U.S. consulate abroad. The consular officer mentioned that my social media might need to be reviewed, but did not clearly explain whether anything else was needed. My CEAC status now says “Refused,” even though I have received H1B visas before. Does this mean my visa will not be issued?

Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...

09:33 / Consulates / FAQs / For Employers / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Worker
15 Sep 2026

I have an arrest or criminal record and will need to apply for a nonimmigrant visa at a U.S. consulate or embassy abroad. What should I consider before traveling?

Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...

11:07 / Consulates / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Student / Worker
23 Jun 2026

I noticed that the July 2026 Visa Bulletin shows a “U” for India in the EB2 and EB5 Unreserved categories. What does that mean?

Answer A "U" on the Visa Bulletin means the category is unavailable because all available immigrant visa numbers for that fiscal year have been used. As a result, USCIS cannot approve adjustment of status applications or issue immigrant visas in that category while it remains unavailable....

13:04 / Consulates / Employment Based / FAQs / Resident / USCIS News / Visa Bulletin
12 May 2026

My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do?

Answer No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

07:18 / Consulates / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident
16 Apr 2026

I am an Indian national and my immigrant visa interview was scheduled at the U.S. Consulate General in Mumbai, but I live very far away. Can the interview be moved to another consulate closer to me?

Answer Unfortunately, the U.S. Consulate General in Mumbai is the only consular post in India that processes and issues immigrant visas. (14.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

07:04 / Consulates / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:15 / Consulates / FAQs / For Employers / For Individuals / Worker
05 Feb 2025

I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?

Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...

12:57 / Consulates / FAQs / For Employers / For Individuals / H1B / Travel / Worker
04 Dec 2024

My employer recently filed an I-140 for me. I am currently single. If I later get married, how to add my spouse to my green card case?

Answer You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at that...

13:49 / Consulates / Employment Based / FAQs / For Families / For Individuals / Resident