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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...

08:43 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
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