28 Apr 2022

My employer forgot to sign the I-129 form on my H1B extension, and the petition was rejected by USCIS. By the time my petition was refiled, my I-94 had already expired, and I accumulated about 2 weeks of unlawful presence. I have a Canadian visa, so I left for Canada. The H1B extension has since been approved. Is it true I have to fly back to my home country (India) to apply for the new H1B visa stamp?

Answer Under 222(g), if a person accumulates any unlawful presence and then departs the U.S., the existing visa becomes void. Further, the individual generally is required to apply for a new nonimmigrant visa in the country of nationality. If the foreign national applies in a country...

17 Mar 2022

I have a friend in Ukraine who recently fled to a neighboring country. Are there any special visa options she may have to come stay with me for a time in the U.S.?

Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa.One option may be to apply for a B-1/B-2 visa. One hurdle with this option is that the...

17 Feb 2022

I have been in H1B status, and my family has been in H-4 status, for the past five years. We have not traveled outside the U.S. in all that time, so the visa stamps in our passports have expired. If my wife travels abroad and I stay in the U.S., will she be able to get an H-4 visa, or do I need to get an H1B stamp first?

Answer Ordinarily, there is no need for the principal spouse to have a valid H1B visa "stamp" in order for a consulate to issue an H-4 visa to the dependent spouse or child. (17.Feb.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

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...

27 Jan 2022
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...

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...

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...

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...

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...