Visa

State Dept. Announces that One Millionth Visa Issued in China

Media Note

Office of the Spokesperson Washington, DC
December 15, 2011

On December 14 at the U.S. Embassy in Beijing, Ambassador Gary Locke presented the one millionth visa adjudicated in China this year. With the help of additional personnel and process improvements, Mission China has also successfully reduced the average wait time for a visa interview appointment to less than one week.

Agency: 
Immigration Law : 

U.S. Embassy Mexico Announces New Visa Procedures

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently.     Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates. 

The new process will provide several advantages to applicants:

Immigration Law : 

US Consulates in India Will Accept Application Without Regard to Your Residence

November 18, 2010
New Delhi - In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in
New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from
across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of
Mission India’s ongoing effort to facilitate legitimate travel to the United States.

Immigration Law : 

AOS applicants applying for H-1 visa

My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it. We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped. We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.

We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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DOS Publishes Notice Of New Visa Classification Symbols

[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Rules and Regulations]              
[Page 61517-61524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no09-9]                        

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Team Notes: 
AILA Doc. No. 09112464
Immigration Law : 
Agency: 

H-1 visa denial and investigation

1. I had filed for H1B visa last year but the VISA consulate in Delhi denied it as they wanted Tax returns of the Client company and other details which my H1B sponsor company was not willing to share. I was really frustrated with VO at embassy. I then applied to embassy to withdrawn my H1B visa application. I got a confirmation that it has been withdrawn. Now today after so many days when I checked my H1B status on USCIS, it said " This case has been received from the State Department with a request we review it." Please let me know what does it mean and does it mean something serious to take care of. 2. Updated FAQ - What are the implications of H1B Visa revocation for future H1b application

1. This means that the consulate sent the case back to USCIS for review, revocation (and may be investigation of the employer). Usually, you should not have any issue with it. But from what I recall, if the case is revoked, you will be subject to the H-1 quota in future.

2. I do not see any implications for the individual unless the revocation was based upon some problem with the individual's qualifications.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Status, authorized period of stay and unlawful presence

Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.

Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.

Status

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 holder aplying for H-4 visa

My wife has been in US for 6 months on H1 and is going back to India. In india if she applies for H4 , will it be necessary to carry any Salary Slips generated during her stay in US on H1? Is there a possibility that the consulate might demand for her W2 and salary slips before stamping her H4 visa?

The cardinal rule in visas is that consulates can ask for pretty much anything. If they do ask for proof of H-1 employment or pay stubs and you do not have it, the H-4 still cannot be denied. The fact that one has been out of status is no bar to the grant of an H-4 visa.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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