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27 Jan 2022

I am trying to schedule a visa appointment, but the next available time is months away. If I wish to request an expedited appointment, should I book an appointment first, and then request an earlier date? Or, should I first submit an expedite request?

Answer In order to request an expedite appointment, one should check the consulate's website to determine the process for that specific post, but the general requirement is that the visa applicant first must submit the online visa application form (DS-160), pay the application fee, and schedule...

08:20 / Consulates / FAQs / For Individuals / Travel
27 Jan 2022

I worked in the U.S. in H1B status for a few months. When COVID began, my employer allowed me to go back to India to work in the same position from there. My H1B expires at the end of September, but I am hoping to keep working in the position from India for the foreseeable future. Can my employer extend my H1B while I am still in India? Also, does the extension have to be filed before the end of September?

Answer Ordinarily, if an employee is abroad, the employer may file the H1B extension for consular notification. In that situation, the USCIS can approve the petition, but will not issue a new I-94. Instead, once the foreign national enters the U.S. with the approved petition (and...

08:16 / Consulates / FAQs / For Employers / For Individuals / Homeland Security / Travel / Worker
29 Dec 2021

Based on the rule change, I believe I am now eligible to use the drop box option. However, I still cannot secure an interview waiver appointment at the consulate in Chennai. Any chance appointments will open up in the near future?

Answer Trying to secure an appointment at a consulate has been an issue throughout the pandemic. The recent change to allow many more visa applicants to be eligible for an interview waiver (i.e., drop box) is a big step in the right direction, but it will...

16:02 / Consulates / FAQs / For Individuals / Travel
09 Dec 2021

I am in the U.S. in H1B status. I recently received an eMail from the U.S. consulate that issued my visa stamp, informing me that my visa had been revoked. Does this mean I have to leave the U.S.?

Answer The visa "stamp" is an entry document. If the consulate has revoked the visa, it means it generally can no longer be used for purposes of requesting admission to the U.S. However, it ordinarily has no direct impact on one's valid status in the United...

09:06 / Consulates / FAQs / For Individuals / Worker
18 Nov 2021

I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...

08:48 / Consulates / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

08:41 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident
11 Nov 2021

The COVID-19 vaccine that I received is not included on the CDC list of acceptable vaccines. However, a few months ago, I was granted a national interest exception (NIE) to travel to the U.S. Can I still enter based on my NIE?

Answer No, it does not appear that admission will be granted based on an NIE issued during the COVID travel ban. The executive order does not specifically address this question, but a number of consulates have confirmed that the NIE program has been rescinded and replaced...

08:30 / Consulates / FAQs / For Families / For Individuals / Travel
28 Oct 2021

An employer in the U.S. filed an H1B cap case for me several months ago. At the time it was filed, I was living in India, and the employer asked for the consulate in Hyderabad to be notified if the petition is approved. Now, the petition has been approved, but I am working in Singapore. Can I get my H1B visa stamping done at the U.S. embassy in Singapore?

Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:07 / Consulates / FAQs / For Individuals / Travel / Worker
21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....

09:41 / Consulates / FAQs / For Individuals / Travel / Worker
22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

09:53 / Citizen / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident