visa: NRI Helpdesk: Can I prolong my US customer visa earlier than it expires?

With immigration guidelines continually altering with the pandemic state of affairs, it’s tough to maintain updated with all of it.

For our NRI readers, we’ve began an immigration helpdesk. Write to us at [email protected] and our group of specialists will deal with essentially the most urgent points.

*Please be aware that questions have been edited and/or clubbed in order that we are able to deal with comparable queries without delay and that the solutions are clear and related to our viewers.

I’ve a customer visa for the USA for a number of visits as much as June-2023. Can I apply for an extension of the visa earlier than the expiry date? Additionally, advise process for extensions and the place I can get the appliance type, so I can maintain all particulars prepared.

I’m not conscious if there’s a process to use for a customer visa extension earlier than expiration. You possibly can ship an e mail to the consulate to substantiate. There may be, nonetheless, a restriction underneath the consular normal working procedures on holding concurrently legitimate visas of the identical kind.

Reissuance of a visa is topic to the identical procedures and necessities as the primary time issuance, besides that you could be be eligible for an interview waiver underneath the present insurance policies. Verify the consulate
website.

For visa functions, the US State Division advises:

Collect and put together the next required paperwork earlier than your visa interview:

  • Passport legitimate for journey to the US – Your passport should be legitimate for no less than six months past your interval of keep in the US (until exempt by country-specific agreements).
  • Nonimmigrant Visa Utility, Type DS-160 affirmation web page.
  • Utility payment fee receipt, in case you are required to pay earlier than your interview.
  • Photograph – You’ll add your picture whereas finishing the net Type DS-160. If the picture add fails, you will need to deliver one printed picture within the format defined within the {Photograph} Necessities.

Further Documentation Could Be Required

Evaluate the directions for the way to apply for a visa on the web site of the U.S. Embassy or Consulate the place you’ll apply. Further paperwork could also be requested to determine in case you are certified. For instance, extra requested paperwork could embrace proof of:

  • The aim of your journey,
  • Your intent to depart the US after your journey, and/or
  • Your potential to pay all prices of the journey.

Proof of your employment and/or your loved ones ties could also be enough to point out the aim of your journey and your intent to return to your private home nation. Should you can’t cowl all the prices in your journey, you could present proof that one other particular person will cowl some or all prices in your journey.

Notice: Visa candidates should qualify on the premise of the applicant’s residence and ties overseas, somewhat than assurances from U.S. household and mates. A a call for participation or Affidavit of Help will not be wanted to use for a customer visa. Should you select to deliver a a call for participation or Affidavit of Help to your interview, please keep in mind it isn’t one of many components utilized in figuring out whether or not to difficulty or deny the visa.

I get married in Could. My fiance is a inexperienced card holder but his US citizenship is awaited. I want a suggestion relating to which visa ought to we apply for my quickest arrival in US. As some attorneys urged that pupil visas will probably be issued sooner as in comparison with some other visa class. Is that true? Additionally, my different question is will there be any difficulty if he applies for a Fiance visa after getting married?

There isn’t a simple reply. A pupil visa will seemingly not be granted in case your husband lives within the USA, however you may strive, and the consulate could expedite in case your educational session graduation is imminent.

You possibly can assessment the choice of a Ok-3 visa. It’s also possible to strive making use of for a customer visa. Whichever visas you try, please be sure you be meticulously correct about your intentions. Making use of for a Ok-1 visa after getting married will be thought-about fraud, which is a everlasting bar from getting into the USA.

I bought my B1/2 visa stamping for my medical rotations final week by making use of emergency request. Inside what number of months should I journey? Please make clear this difficulty.

I’m not conscious of any time restrictions so long as you journey inside the visa’s validity interval. Nevertheless, be aware that you will need to carry proof of the beginning date of the medical program. That can most likely be required on the US port of entry.

I’m a medical pupil, and I’ve been accepted for an elective of two months at a top-notch US college. I’ve labored actually arduous to get the acceptance, it is like a dream come true. I need a recent B1/B2 visa. There aren’t any slots accessible, my elective is scheduled for two months from August. Will I have the ability to get an emergency slot if no newer slots open earlier than 60 days of my begin date?

The US consulates in India at the moment have the next coverage:

Candidates can request an expedited appointment by way of the net appointment system at https://www.ustraveldocs.com/in/en/expedited-appointment. You will need to have already got a confirmed interview appointment date as a way to request an expedited appointment. In case your expedited appointment request is accepted, you can be notified with directions by way of e mail. You shouldn’t cancel your current appointment until you obtain a affirmation that your request for an expedited appointment has been accepted. You probably have not but acquired an approval or denial, your request continues to be into consideration.

Expedited appointment slots are very restricted. Please be aware that as a result of excessive quantity of requests, the consulates can’t accommodate all vacationers previous to their deliberate journey dates, even when the aim of journey is time-sensitive.

I’ve a US journey visa. I wish to convert right into a pupil visa or work visa. What’s the potential of it? May you replace me as quickly as doable?

I assume you might be asking about altering your standing after you enter the US. I’m in opposition to making an attempt to transform a vacationer visa entry right into a longer-term standing equivalent to pupil. You possibly can run into two sorts of difficulties. First, once you attempt to change standing from customer to pupil or work visa, the USCIS can decline as a result of the aim of a customer visa is simply that, visiting. Second, even in case you get hold of a change of standing inside the US, in case you should journey exterior the US sooner or later, you have to to get a visa from a US consulate. The consulate can decline to difficulty the visa primarily based in your standing change.

There are information articles that say that America is contemplating eradicating the 7% per yr per nation cap for inexperienced playing cards. As an Indian for whom immigration is a precedence, ought to I make my future plans to focus on the US on the premise of this information?

It’s inconceivable to foretell if or when a regulation is more likely to be handed.

I’m on an F1 visa and after I was working in a fuel station I used to be caught for unlawful distribution of cigarettes to underage prospects. They issued a discover to attend the courtroom. I went to courtroom and pled responsible. I paid the tremendous on that day solely. Afterward, the case was proven on my SSN. Listed below are my questions,

  1. Will it have an effect on my OPT EAD card? As a result of I’m going to use in Could.
  2. Can I’m going and return from my house nation?
  3. Sooner or later, do I must face any points relating to immigration?
  4. Do I must contact an legal professional relating to this case? About any documentation.

You’ve got two issues: felony conviction and standing violation due to unauthorized employment. First, discuss to an immigration lawyer who practices deportation protection within the State the place you pled responsible. I don’t assume your plea ought to result in deportation, however get it confirmed. Second, talk about your standing violation together with your lawyer, and in the event that they so advise, converse together with your DSO. Disclose what occurred and just remember to are in legitimate F-1 standing for one educational yr, with out which you can’t get hold of your OPT. I feel you’ve got a tough downside due to a violation of standing. I imagine an H-1B kind visa might be your finest future choice. Moreover, do ensure you have paid the suitable earnings taxes

What occurs when somebody holding a pupil standing works with out authorization deliberately or unintentionally? Considered one of my mates labored in a restaurant due to dire financial circumstances. Additionally, as I used to be making ready the knowledge for my H-1B submitting, I found I’ve labored for 10 days with out authorization throughout OPT.

Should you work with out authorization deliberately, it is a clear violation of your pupil standing. In case your good friend will not be but near getting an H-1B, they could want reinstatement into pupil standing. That could be fairly tough. Your good friend might want to seek the advice of an immigration lawyer. Notice that in case your good friend tries to hide their unauthorized employment in any immigration petition or continuing, they’d be responsible of committing a critical crime and may also be completely barred from getting into the US. Your good friend also needs to guarantee that they’ve paid the suitable earnings tax.

What occurs once you labored with out authorization unintentionally, as you probably did for ten days? You found the issue solely now throughout your H-1B submitting. As a result of this was a comparatively minor infraction, the USCIS would possibly condone it. Your legal professionals ought to disclose all of the info in your H-1B petition. Even within the worst-case situation, you’ll solely need to go exterior the US for H-1B visa stamping. There, the employment historical past will not be a problem. Unauthorized employment will not be a sound floor for denial of your H-1B visa.

  1. I-140 did not get accepted however acquired an I-485-based EAD card accepted for 2-years together with Advance Parole. Is it okay to journey to India for two months on my EAD?
  2. I did not want to fret about having a sound visa whereas returning to the USA, simply Advance Parole will suffice for return
  3. Previous to getting GC-EAD I used to be on H4-EAD, on account of household points I could search a divorce. Now that I’ve GC-EAD will divorce have an effect on my present standing or upcoming Inexperienced Card? or ought to I wait till the Inexperienced card is thru?
  4. I’ve been an Proprietor of an Inc firm whereas on H-1 and H-4 and H-4 EAD, however I have not taken any income or pay-stubs, aside from signing on Firm Tax returns. Does this case limit me from getting a Inexperienced Card? or since I’ve already acquired GC-EAD underneath the EB3 class, ought to I keep constructive that I’ll obtain GC within the close to future?

Notice the correction. EAD permits you to work, however it’s the Advance Parole that lets you come again to the US. If you’re not quitting your job, a two-month keep needs to be acceptable.

You don’t want a visa when you’ve got an Advance Parole. Additionally, you might be thought-about to be nonetheless holding H-1B standing in case you return to the identical job that you simply have been doing whereas in H-1B standing, though you used your Advance Parole to enter the US.

I assume that the inexperienced card was filed by your employer and never your spouse’s employer. In such a case, the divorce doesn’t have an effect on you. Nevertheless, in case you are depending on her employer’s inexperienced card petition, you’ll lose your eligibility upon divorce or authorized separation.

No matter whether or not you withdrew any cash from your small business, there might be a violation of the regulation in case you actively engaged in enterprise whereas holding H-1B standing. However, whereas in H-4 EAD standing, you may each personal and run any enterprise.

RajivET On-line

Rajiv Khanna, Managing Legal professional, Immigration.com

The creator’s views don’t essentially symbolize the views of ET On-line nor do they represent authorized recommendation or illustration. Follow ideas supplied within the written supplies are primarily based on the creator’s experiences and the present state of the regulation and rules. Please be sure you conduct authorized analysis and evaluation, or have interaction unbiased counsel in your distinctive state of affairs because the regulation and necessities change shortly and the creator’s experiences could differ from your personal.

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