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06 Nov 2024

Years ago, when I applied for an H1B visa stamp, I was assisted by a consultant who told me to submit a fake diploma to better meet the visa requirements. As a result, my visa was denied due to misrepresentation. The consular officer explained that it is a permanent inadmissibility ban unless it is waived. I am a citizen of Canada now and I would like to come to the U.S. for a conference. How do I apply for a nonimmigrant waiver?

Answer Ordinarily, a foreign national who is found inadmissible should apply for a nonimmigrant waiver when applying for a visa "stamp" at the consulate. Canadian citizens, however, are generally visa exempt. So, you likely can apply for your nonimmigrant waiver through U.S. Customs and Border Protection...

06:39 / Consulates / FAQs / For Individuals / Homeland Security / Visitor
10 Jul 2024

I have an H1B visa in my Indian passport. I recently became an Australian citizen. Is it possible to transfer the visa to my Australian passport, or to travel based on the visa that is in my Indian passport?

Answer Unfortunately, no. There generally is no way to transfer a U.S. visa from one passport to another. In situations where you simply renew a passport issued by the same country, and you have a valid visa in your old passport, it normally is possible to...

17:10 / FAQs / For Individuals / Homeland Security / Travel / Worker
28 Dec 2023

My wife presented her passport and H-4 visa at the port of entry when she last entered, but her I-94 was not extended to match my latest H1B extension. Was she required to present my most recent approval notice in order to get her status extended?

Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice).  (28.Dec.2023)Sheela Murthy...

07:53 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel / Worker
19 Oct 2023

The last time I entered the U.S. in H1B status, I was admitted for an extra 10 days. Am I allowed to work during that 10-day period?

Answer The U.S. Customs and Border Protection (CBP) officers at the ports of entry have the discretion to grant a 10-day grace period beyond the validity period of a person's petition (as do USCIS officers). However, this grace period does not provide any type of work...

08:31 / FAQs / For Employers / For Individuals / Homeland Security / Travel / USCIS News / Worker
20 Jul 2023

Last year, my mother came to the U.S. on her B-2 visa and stayed here for 6 months. She is now hoping to come back to the U.S. to attend a wedding, but this travel is not critical. How long does she need to wait before coming back to visit on B-2?

AnswerThere is no set length of time that a person must wait to request readmission on a B-1/B-2 (or B-2) visa. However, U.S. Customs and Border Protection (CBP) officers at the port of entry always have discretion to admit (or deny admission to) a person...

07:01 / FAQs / For Individuals / Homeland Security / Travel / Visitor
01 Dec 2022

I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...

10:01 / FAQs / For Employers / For Individuals / Homeland Security / Travel / Worker
03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

08:47 / Family Based / FAQs / For Individuals / Homeland Security / Resident / Travel / Visitor