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03 Jul 2024

I am in H1B status, and my family is in H-4. Our I-94s were all extended through 2027, but our visa stamps expired last year. My wife and kids wish to travel to India for a few weeks. Can they go for stamping, even though I plan to stay in the U.S., or do I have to apply first?

Answer Generally speaking, if the principal spouse is in valid H1B status, it is possible for the dependents to apply for H-4 visa “stamps.” There normally is no need for the H1B worker to obtain a new H1B visa unless and until s/he will be traveling...

12:56 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
19 Jun 2024

I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?

Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:28 / B-1 / B-2 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
29 May 2024

My employer is filing my H1B for consular processing. I am Indian, but I am currently working in the EU. Can I apply for my visa in Europe, or do I have to apply at a consulate in India?

Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...

13:11 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
01 May 2024

A few months ago, my husband’s employer filed his H1B extension, which was approved through 2027. They did not apply for my H-4 extension. After his case was approved, we both travelled to India and then returned to the U.S. I just noticed that, upon our return, the officers granted me an I-94 through 2027, even though my visa stamp is only valid through July 2024. Was this an error? Do I need to file an extension?

Answer This was not an error, and there is no need for you to file an extension. Normally, as long as the H-4 dependent has a valid visa "stamp" at the time of admission, the dependent may be admitted through the validity period of the principal...

12:05 / FAQs / For Individuals / Travel / Worker
01 May 2024

I was laid off by my previous employer almost two months ago. I recently got a new job offer, but the new employer will not be able to file my petition before my grace period expires. Therefore, the employer said they are going to file my case for consular processing. In the meantime, I will leave before my grace period ends. The H1B visa stamp in my passport is still valid. If they file this for consular processing, does it mean I have to go to the consulate?

Answer If you have a facially valid H1B visa, there typically would be no need to go to the consulate. You can request readmission based on the existing visa and the approved petition from the new employer. (01.May.2024)Sheela Murthy and other senior attorneys provide guidance that...

12:01 / Consulates / FAQs / For Individuals / Travel / Worker
15 Apr 2024

Consolidation of B-1/B-2 Interview Waiver Appointments in New Delhi

Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the...

16:27 / Consulates / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Visitor