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07 Aug 2019

I applied for a visa stamp at the U.S. Consulate in Chennai, but was issued a 221(g). I submitted all the documents requested about 2 months ago, but still no word from the consulate. Do I have any options?

Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...

08:03 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
24 Jul 2019

I own a company in India and need to travel to the U.S. to meet with a client. Will the consulate accept a scanned copy of an invitation letter from the U.S. company? Or do I need to present the original signed document?

Answer There is generally no requirement that an invitation letter be presented at all. However, they can be useful to evidence the purpose of one's proposed trip. If such a letter is submitted, a scanned copy is typically acceptable. (24.Jul.2019)In frequent sessions of our Chat, Sheela...

12:30 / FAQs / For Individuals / Travel
24 Jun 2019

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

08:16 / FAQs / For Employers / For Individuals / Student / Travel / Worker
17 Jun 2019

I was in the U.S. in H1B status previously and I have an approved I-140. I am currently living in India. I applied for a job in the U.S., and the company wishes for me to come in for an in-person interview. What type of visa can I apply for, and what documents do I need from the U.S. company?

Answer Assuming that the company has not yet filed an H1B petition, the proper visa for one in this situation would normally be a B-1/B-2 "visitor" visa. This type of visa is not "sponsored." However, a letter from the company, on company letterhead, inviting one to...

09:19 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
10 Jun 2019

Can a foreign national travel outside the United States while an extension of stay application / petition is pending and utilize the automatic visa revalidation rules to return and resume status?

Answer Generally, this is possible, assuming the foreign national’s I-94 is unexpired and s/he is maintaining status. Normally, an application / petition for extension is not cancelled by international travel. An application / petition for change of status would be cancelled by international travel. (10.Jun.2019)In frequent...

08:58 / FAQs / For Individuals / Travel
20 May 2019

I am in H-4 status and my H1B petition was approved for consular notification. Do I have to go to my home country to get my H1B visa stamp?

Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...

09:02 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker