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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
04 Jun 2019

DS-160 and DS-260 Now Require Social Media Information

The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an...

19:29 / Consulates / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker
03 Jun 2019

USCIS Implements Stricter Expedite Request Criteria

On May 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) updated the Adjudicator's Field Manual (AFM) to reduce the circumstances under which the USCIS will consider granting a case expedited treatment. In general, the USCIS has the authority to grant an expedite request on...

08:59 / Citizen / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Student / USCIS News / Visitor / Worker
15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

14:58 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / Visitor
01 Apr 2019

I am in H1B status and am in the process of applying for a green card. If a doctor gives me a prescription for medical marijuana, will that impact my green card case?

Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana for...

14:21 / FAQs / For Families / For Individuals / Resident / Student / Visitor / Worker
28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...

11:12 / FAQs / For Individuals / Student / Visitor / Worker
19 Nov 2018

My passport expires in less than two years. If I apply for a visitor visa now, will it still be issued with a validity period of 10 years?

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...

14:16 / Consulates / FAQs / For Individuals / Travel / Visitor
12 Nov 2018

I recently quit my job on H1B and left the country immediately. How long is it recommend I wait before I apply for U.S. visitor visa?

Answer There is no minimum required wait time before applying for a B-1/B-2 visitor visa. The criteria considered by the consular officer is whether you can sufficiently demonstrate nonimmigrant intent and ties to your home country. (12.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other...

10:39 / FAQs / For Individuals / Visitor / Worker