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...

25 Apr 2022

Interview Waivers for Certain Conditional Permanent Residents

The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) who have filed a petition to remove conditions on residence (form I-751). This replaces the previous policy, which had mandated interviews for virtually all CPRs...

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...

02 Mar 2022

DOS Provides Updated Visa Application Instructions for Ukrainian Applicants

The U.S. Department of State has posted the following updated instructions regarding consular services currently available for Ukrainians: The U.S. Mission to Ukraine is not currently offering visa services. Beginning immediately, Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt,...

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...