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14 Aug 2024

I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?

Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...

06:38 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
19 Jun 2024

I am a derivative child in a family-based case that was filed for my mother. My mother’s case is current on the dates for filing chart, and the National Visa Center has accepted our documents. Now, we’re waiting for the interview and for the date to become current on the final action chart. Is my age locked in now under the Child Status Protection Act?

Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

09:31 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
29 May 2024

My employer is filing my H1B for consular processing. I am Indian, but I am currently working in the EU. Can I apply for my visa in Europe, or do I have to apply at a consulate in India?

Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...

13:11 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
01 May 2024

I was laid off by my previous employer almost two months ago. I recently got a new job offer, but the new employer will not be able to file my petition before my grace period expires. Therefore, the employer said they are going to file my case for consular processing. In the meantime, I will leave before my grace period ends. The H1B visa stamp in my passport is still valid. If they file this for consular processing, does it mean I have to go to the consulate?

Answer If you have a facially valid H1B visa, there typically would be no need to go to the consulate. You can request readmission based on the existing visa and the approved petition from the new employer. (01.May.2024)Sheela Murthy and other senior attorneys provide guidance that...

12:01 / Consulates / FAQs / For Individuals / Travel / Worker
14 Feb 2024

I received a notification from the consulate informing me that my H1B visa has been revoked. Does that mean I am now out of status?

Answer The revocation of a visa by a consulate normally has no impact on one's current status. (13.Feb.2024)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 © 2024, MURTHY LAW...

05:58 / Consulates / FAQs / For Individuals / Worker
28 Dec 2023

I was laid off from my H1B position, and during my grace period, I applied for a change to B-2 status. That application is still pending. I now have to travel back to India for few weeks for personal reasons. I just found a company willing to sponsor me for a new H1B position. I asked the company to file the petition for consular processing, as I have a valid H1B visa stamp from my previous employer. The new employer told me that I would need to get another visa stamp because I overstayed, and therefore my existing stamp is invalid. Is that correct, or did my change of status application protect me from overstaying?

Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...

07:44 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
15 Nov 2023

When my H1B petition was filed, my employer listed on the I-129 that the consulate in Chennai should be notified. I actually want to apply for my visa stamp in Hyderabad, though. Will that be a problem?

Answer Normally, applying for a visa foil (or "stamp") at a different consulate than the one listed on the I-129 is not much of an issue. It may result in a small delay, but such delays typically are resolved in under 2 weeks. (15.Nov.2023)Sheela Murthy and...

18:31 / Consulates / FAQs / For Individuals / Worker