Answer There (normally) is no requirement that one go to the home country for visa "stamping." However, each U.S. consulate has its own requirements in regard to who can apply for a visa at the consulate. Some restrict applications by "third country" applicants who do not...
Answer One normally still could receive a full-validity-period visa, even if the passport expires in 2 years. (19.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...
Answer In general, applying for one type of visa should not cause a consular officer to cancel a different visa in one's passport. However, this does sometimes happen. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa "stamp" at a...
Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer The H-4 COS will be abandoned when one leaves the U.S., but one can apply for an H-4 visa stamp to return at any time (assuming the principal spouse is in valid H1B status). A COS approval is not required to apply for a visa...
Answer Travel outside the U.S. while an H1B petition is pending will automatically cancel any change of status request and convert the petition to consular processing. So, assuming the H1B petition is approved, in order to move then to H1B status, one typically must first get...
Answer USCIS generally has nothing to do with a visa application at the consulate. One can eMail the consulate directly, but this works inconsistently. Two to three months is the norm for 221g requests at this point. (08.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer Very likely, the H1B filed in April could be approved only for consular processing, not for a change of status. This means that, assuming the H1B case is selected in the lottery and approved, one in this situation would probably need to depart the U.S....
Answer Generally speaking, being denied issuance an H1B visa would not prevent a person from qualifying for an H-4 visa. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,...
