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...

01 May 2024
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I received a notification from the consulate informing me that my H1B visa has been revoked.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...

28 Dec 2023
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...

13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

24 May 2023

Now that nearly all the COVID-19 pandemic restrictions and flexibilities have been eliminated, is it still possible to apply for a visa at a U.S. consulate that is not in your home country?

Answer Many, if not most U.S. consular posts accept third-country national visa applicants. Some, however, do significantly limit which third-country nationals qualify. If a consular post has any restrictions on visa applications by third-country nationals, this information typically can be found on the consulate's website. (24.May.2023)Sheela...