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09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

16:38 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
28 May 2020

I read that the USCIS is going to resume in-person biometrics appointments soon. Does that mean the consulates are also being opened for visa appointments?

Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates.The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in each country...

15:55 / Consulates / FAQs / For Employers / For Families / For Individuals / Student / Travel / USCIS News / Worker
04 Mar 2020

My NIW I-140 was approved, but the priority date will probably not be current for a number of years. Can I go back to India, and then return to the U.S. once my priority date is current?

Answer Leaving the U.S. normally would not impact the validity of the I-140. Assuming one is going to be outside the U.S. at the time the priority date becomes current, it should be possible to have the case processed at the local U.S. consulate. (04.Mar.2020)Sheela Murthy...

17:20 / Consulates / Employment Based / FAQs / For Individuals / Resident
26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

11:47 / Consulates / FAQs / For Employers / For Individuals / Worker
31 Oct 2019

I have been working in H1B status for several years. My I-94 has been extended to 2022, but the visa stamp in my passport has expired. Can I apply for a new stamp in Canada?

Answer Generally speaking, it is possible to apply for a visa "stamp" in Canada. It is suggested that you read this official information regarding third-country nationals applying for a visa in Canada. (30.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

11:57 / Consulates / FAQs / Travel / Worker
17 Oct 2019

My H1B petition was approved for consular notification. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U.S. Consulate in Chennai. Is it ok if I apply for my H1B visa stamping in Chennai?

Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...

12:31 / Consulates / FAQs / For Individuals / Travel / Worker
19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

12:18 / Citizen / Consulates / FAQs / For Families / For Individuals / Travel
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
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