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20 Apr 2023

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

Answer The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa "stamp" from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for...

09:01 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker
06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

09:10 / Consulates / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / USCIS News / Worker
12 Jan 2023

About two years ago, shortly before her I-94 expired, my mother applied for a B-2 extension online. Unfortunately, we did not see the biometrics notice, and she ended up missing her appointment. We tried rescheduling, but her B-2 extension was denied before we were able to get the new appointment. She left the U.S. within one week of the denial notice. The B-2 visa stamp in her passport expires in 2025. What steps does she need to take to return to the U.S. on B-2?

Answer Unfortunately, this has become a common problem. When filing for an extension online, the biometrics notice generally is sent only electronically through the USCIS online portal; no physical notice is mailed to the applicant. If the applicant misses the appointment and is not able to...

08:42 / Consulates / FAQs / For Individuals / Travel / USCIS News / Visitor