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Knowledgebase : Frequently Asked Questions (FAQ)
Whether someone on a dependent visa can work in the U.S. depends on the visa category. For instance, H4 dependents cannot work while many L2 dependents can.
The H-4 EAD allows unrestricted employment authorization. So, one may work in virtually any type of position, including self-employment (e.g., managing rental properties). As for earnings from stock, if this were passive income (like dividends, capital ga...
If a person wishes to enter using an unexpired H1B visa, there must also be a valid H1B petition and a corresponding H1B job. The visa, even though unexpired, is only appropriate if one is properly eligible to enter as an H-1 - which means a valid petitio...
He can study on H4 but the fees will be high and come to India for stamping.
Yes, absolutely, if your spouse is physically present in the US.
You will need to apply for a new visa in order to re-enter US. You can check your qualification for the Interview Waiver Program http://cdn.ustraveldocs.com/in/in-niv-visarenew.asp [http://www.ustraveldocs.com/in/in-niv-visarenew.asp].
If one of your nationalities is not U.S., you can apply using whichever nationality you prefer, but you must disclose all nationalities to the Embassy on your application form. U.S. citizens, even dual citizens/nationals, must enter and depart the United ...
Passport validity of min of 6 months is only for visa stamping, not for travel.. It has to be unexpired and valid. If they are GC holders, they will not face I-94 expiration issues anyway.
Visa Waiver Program travelers who have not obtained approval through ESTA should expect to be denied boarding on any air carrier bound for the US. If you are allowed to board, you can expect to encounter significant delays and possible denial of admission...
File form I-765 after L-2 enters the US. Note that EAD is limited to L-2 spouses; L-2 children cannot get them.
Yes, you can travel to India if your H1B visa Expiered , when you plan to Enter back to the USA then you need Visa stamp, that you will be do in India. If you are travelling through Europe, then you need to have a valid U.S visa stamped.
When a person is in the US on H1B visa, he/she should be working for the US employer and getting paid according to the terms on the Labor Condition Application. There is no such thing as bench time without pay. The employer has to pay the H1B employee whe...
Yes, but the employer needs to file an amendment petition since this is a change in conditions of employment. Further, the new salary cannot be less than the prevailing wage.
you can apply for COS to H4 and H4 EAD together , in that case USCICS will first process your H4 which could takes 3-6 months once H4 is approved ,(you will not have any EAD/OPT to work) USCICS then start processing your H4 EAD So potentially you will n...
We recommend that the spouse and dependent children go for their visa interview at the same time as the principal applicant.
Any child 16 years of age or under may be regarded as a minor by airlines and therefore may be prevented from travelling on their own. As such each airline has specific regulations regarding minors travelling alone. For more information and to place a boo...
It's advisable to buy round trip ticket. You can buy for round trip ticket for 6m. If you don't purchase round trip ticket, visitor will have have hard time at the port of entry by immigration officer and may get I-94 for a very short period. This is no...
Whether someone on a dependent visa can work in the U.S. depends on the visa category. For instance, H4 dependents cannot work while many L2 dependents can.
Yes, but there could be questions from USCIS about the ability to pay, bona fides of the job opportunity, etc. Consultation with an immigration attorney is recommended.
If your visa is still valid you can travel with your two passports, as long as the visa is valid. You can travel with current valid passport accompanied with valid visa on expired passport. Both the passports always be accompanied together in the first pl...
An H1B visa allows the holder to reenter the USA during the validity period of the visa and approved petition.
Yes, the L2 dependent can travel out of the US while the work permit application is pending. But make sure that he/she should be present in the US for the biometrics appointment when scheduled.
Yes, the L2 dependent can travel out of the US while the work permit application is pending. But make sure that he/she should be present in the US for the biometrics appointment when scheduled.
As a general matter, children age out at age 21 and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometime...
As a general rule, if one travels abroad while a change-of-status application is pending, the application for change of status will be deemed abandoned. If an H1B petition is filed requesting a change-of-status for a future start date, and the individual ...
No. In July 2004, State Department has stopped revalidating H1B/H4 visas in the US. You have to go to a US Consulate to get this done.
AUTOMATIC REVALIDATION FOR CERTAIN TEMPORARY VISITORS Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by C...
If you travel while the COS is pending the COS is automatically deemed denied. The chances of getting a F1 visa in a country other than your own become less.
If you are eligible to travel on the VWP, and you have an approved ESTA, you can visit the USA on the VWP while an L-1 visa is bring processed.
NO! You must wait for your new EAD card before you travel outside the U.S.
If you travel abroad while the application for the extension of your H-1B status is pending with USCIS, and your current status has already expired, you will only be admitted back in the US after the approval of the extension application AND on a valid H-...
It depends if your visa is being filed as change of status or counsular processing. 1) If it is in COS then you should not travel prior to getting a decision on your H1 2) If it is CP then you can travel but you will again need to get it stamped before ...
If your visa getting expires and your H-1 and H-4 has not been adjudicated yet, then, you won't be able to re-enter the US until your H-1B and H-4 gets approved and you get a new stamp in your passport with the new visa extension.
If you have an H1b visa, you don't need a Mexican visa to enter Mexico. Not even visa on arrival. You just get immigration stamped at the port of entry in Mexico. From the website of the Mexican Consulate in New York: All those foreign nationals, rega...
You need a valid H1B visa in your passport to enter USA. You need to visit a US Consulate and get a valid H1B Visa stamped in your passport to enter USA. you cannot travel to USA with just the approval notice.
An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can sh...
Most airline offer a bassinet on the plane for infant travelers, but since these are limited, they need to be booked well in advance of the date of travel.
The COS will most likely be denied. The H1 petition may get approved as consular process. If this happens then you would not automatically move to H1 from 01-Oct-2015 and to move to H1 would need to re apply the L1 to H1 COS. The bigger confusion that can...
It refers to the Immigration and Nationality Act (INA) Section 221(g), and it means that your application is pending for administrative processing. If the question is about missing and/or additional information or documents, you will be permitted to retur...
Some countries have stringent rules for Indian passport holders if they are transiting/traveling via UK, France, Germany, or Canada. Transit visa may also be required if one does not have a valid US visa and is going to India for stamping of US visa, or i...
No, the original I-140 approval notice is not needed for PD retention. Just reference the approved case receipt number information and include a copy of the approval, if available. The USCIS has all the information on the old case - they are the ones who ...
No, they can go to school full time while on H4 status. To be able to work part-time while going to school/college, they should change status to F1.
The following documents are required upon entering the United States: * Valid Passport: If your passport will expire soon, you must renew your passport before re-entry to the U.S. * Original Form I-797, Approval Notice for O-1 status * Valid O-1...
You are required to carry the following documents with you to re-enter the U.S. as a F-1 student. We encourage you to use this section as a checklist to ensure that you have everything you need to successfully re-enter the U.S. in F-1 status. ___ Passpo...
Nearly all green cards have an expiration date. But, there is no set expiration date on a person's status as lawful permanent resident (LPR). Rather, the expiration date only applies to the document itself. This, however, does not mean that the date on th...
If your post-completion OPT HAS NOT been approved yet (Employment Authorization Document [EAD] card still NOT yet issued by USCIS), and you do not have a job or a job offer, you may leave and then re-enter the U.S. to continue to look for employment. In...
Yes. You must be physically present in the United States when you apply for OPT and when USCIS receives your application.
Yes, you can. OPT is not a status, but work permit. You are still on F1 Student Status. You can travel as long as you have valid passport, visa, and updated I-20 SEVIS. And with OPT you should be working. So if you are outside of US traveling all whole ye...
The baby will not need a visa. A child born abroad to permanent resident mother, if brought while under 2 with either parent on that parent's first return to the US after the child's birth, can enter the US as an immigrant without needing an immigrant vis...
You will not see any issue while travelling from USA to India, As a Indian citizen you are allowed to travel to Home country till last day of passport expiration date. But while travelling from India to other countries you require at least 6 months pass...
If H-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to 10 days before October 1 if your Approval Date is on Octob...
Your visa stamp in passport has expired. What it means that you cannot use it to re-enter America after you travel to home country. Your visa stamp has to be valid, when you enter US. You should apply for getting H1B or L1 Visa stamping done in your home ...
* For domestic flights, you will be issued your boarding pass at the time of check-in, along with a valid photo-ID. For international flights, the boarding pass will be issued after producing your original passport along with a valid visa to the destin...
As per USTravelDocs Agency Working Visa FAQ [http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork10], which provides online visa appointment bookings in India for US embassies, they say you should apply at least 2 to 3 months before.
You can enter US anytime as long as visa and I-797 is valid. If you have a H1B extension receipt you can travel even less than a month of visa expiry. Since you are traveling earlier than that you are fine.
All Visa waiver countries is 90 days in US. For canadians max 6 months (without a visa ) as if they stay more than 6 months , They become resident for taxes there . They could move up and down pretty often but may be questioned a lot more at POE (port o...
A U.S. nonimmigrant visa grants you permission to travel to a Port of Entry (airport/seaport) in the United States. When you arrive at your destination Port of Entry, the U.S. Customs and Border Protection officer who processes your entry will determine t...
You must possess a passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements [http://www.state.gov/documents/organization/104770.pdf...
Baggage Allowance on International Flights vary with the airline, sector/destination, frequent flyer membership and other factors. Following are the links containing information on check-in baggage allowances on some popular airlines: Air India [http://...
Having a valid H1B visa does not permit to travel to USA anytime. You need to wait ! You can only enter USA 10 days before your start date listed on your H1B Approval notice, which is I-797 form or on your offer of employment letter.
Yes. But you need to get the H1B visa stamped in your passport for you to travel to the US to take up the H1B job. In other words, you should not travel to the US with an L-1A or L-1B stamp with an intent to work for the H-1B employer.
H1/H4 revalidation has ended in the U.S. Since July 2004. Drop box facility has also ended at the consulates since July 2004. you must make an appointment as usual for H1/H4 Stamping.
Not necessarily, unless you tell your employer. An H-1B extension petition addresses only the person on H-1B status. For extension of H4 classification, a separate application has to be filed. You should bring this to the attention of your employer and/or...
No. H-4 visas are granted only to spouse, and children below 21 years of age.
Babies between the ages of 0 to 2 years are considered to be an infant. Infants are not allocated separate seats. For an infant ticket, it is mandatory to carry the birth certificate of the infant along with the ticket.
Generally, no. It is usually permitted to hold multiple visas as long as they are different visa classifications. However, the final decision rests with the the Consular Officer.
On April 30, 2013, U.S. Customs and Border Protection stopped issuing paper I-94 forms in lieu of a digital record. If you received a paper I-94 form and did not surrender it upon leaving the United States, please follow the directions at https://help.cbp...
In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. Further information can be fou...
When the Consulate grants you the B-1 visa, they will cancel your H-1B visa. But such cancellation is not a bar to getting future H-1B visas.
If you travel outside the U.S. and your request for Post-Completion OPT is still pending at the USCIS Service Center, you may re-enter the U.S. to search for employment Before your I-20 expires. If your request for a 17-month OPT STEM Extension is pending...
L-1 Consular Processing - Usually, the following Documents Needed: 1) Non Immigrant Visa Application (Form DS-156) 2) Passport, valid for at least six months beyond the validity period of L1 visa 3) Documents that prove the beneficiary's eligibility...
Only the company can apply for a work visa, not you. Your employer needs to apply for a visa . You will be eligible to apply in advanced degree quota.
If you seek layover privileges for purposes other than transiting through the United States, such as to visit friends or for sightseeing, then you must qualify for and obtain the type of visa required for that purpose, such as a B-2 visa.
You may only enter the United States within 30 days of the beginning of the course of study stated on your I-20, regardless of when your visa was issued.
The date you first enter the US is considered the starting date of your H1B status.
It can be tried. There are technicalities that started causing some problems in situations such as this. But, we found strategies that have worked to allow the request for the unused remainder time, even years later.
No. Immigrant visa holders who are unable to travel to the United States during the validity of their visa for reasons beyond their control should contact the Consular Information Unit at (53)(7) 839-4101, Monday through Friday, from 8:00 a.m. to 11.00 a....
TO COMPLY WITH THE 2005 REAL ID ACT, which the U.S. government has been slowly implementing for the past decade, citizens in a number of different U.S. states will now be FORCED TO OBTAIN A PASSPORT if they want to board an airplane - EVEN FOR DOMESTIC FL...
You can enter US with your current valid passport. But, your I94 will be issued based on passport expiry. Better to get your passport renewed before your travel.
Everyone has to be present for visa stamping with their own passport at the interview. You cannot get stamps for any one. Unless they have to travel in and outside of US, they don't need to get visa stamp immediately. Although you have to file I-539 Chang...
From the Indian Embassy website and the GOI notice, PIO cards will be treated as OCI cards. This is to inform that vide Gazette Notification No.26011/01/2014IC.I dated 09.01.2015 [https://www.indianembassy.org/pdf/The_Citizenship_Amentment_Ordinance_2015...
There are no restrictions on travel while on H1B visa. But the Visa stamp on your passport should always be valid when you return to the US.
If your I-94 has already expired a long time ago, then it is not advisable to travel. If you travel out of U.S, then the extension of status may get denied and the time that you have spent in U.S after the I-94 expiry date will be considered as illegal st...
Yes, in most cases CBP will allow re-entry to the United States. Usually, you can revalidate an expired visa automatically if you meet all of the following criteria: * Returning from a visit of fewer than thirty days to Canada or Mexico * Have a val...
If USCIS and your DSO have approved your OPT but you depart before you get a job, your OPT ends and you cannot re-enter. If you have a job, however, you may travel and re-enter to resume work.
While you can use your own B-1/B-2 visa (or travel under the Visa Waiver Program, if eligible) to visit your child, you may not live with your child unless you have your own immigrant, work, or student visa.
YOU CAN TRAVEL TO THE UNITED STATES ON THE SAME VISA AS LONG AS YOUR VISA IS VALID FOR BUSINESS OR PLEASURE.IF YOUR VISA IS ANNOTED WITH YOUR PREVIOUS COMPANY NAME THEN YOU CANNOT TRAVEL ON THE SAME VISA AND NEED TO APPLY FRESH.
Yes, as long as you are maintain your status and your I-94 is valid, your status in US is legal. You need to ensure that your immigration documents (like I-20 for F1 students) that are tied to your status are valid too.
No. If your visa is valid and unmarked or undamaged, you can travel with your two passports together (old and new), if the purpose of your travel matches your current nonimmigrant visa. Also, the name and other personal data must be the same in both passp...
You need not get the new approvals stamped on your passport if you want to continue staying in the US without traveling abroad. But if you have to travel out of the US after the expiration of the currently stamped visa, then you need visas with new validi...
You do not have to wait until your current visa expires. You can apply for a new visa even if your current visa is valid.
You can arrive in the United States right up to the last date of validity indicated on the visa. The Customs and Border Protection officer on arrival determines the duration of your stay in the United States. Your visa can expire while you are still in th...
* You can separately apply for H4 provided you have the correct documentation which is required for an H4. 2. Please note that there will be increased scrutiny of your visa since the US consulate will have records of your visa rejection.      DISCLA...
A U.S. citizen may choose to petition for certain family members as immediate relatives under U.S. immigration laws. The biggest advantage of being classified as an immediate relative for U.S. immigration purposes is not being subject to preference catego...
You can utilize/extend your current H1-B any number of times provided you wont stay beyond 6 years continuously in USA (When GC is not filed during this 6 years period). When you apply for GC, no more worries. If your I-140 form approved, there is no lim...
If you are F-1 student with approved break from school there should be no problem to return.
They recommend carrying old passports with you - but it is not mandatory. Maybe your new passport does not contain any immegration stamp, which can certify your status. so its advisable to take alongwith as long as it contains valid stamps and quots which...
The OPT visa extension does NOT allow you to reenter the US under this visa. Once you leave the country. You still can travel with a visitors visa under whatever arrangements the US has with your country. But you are not allowed to earn money in the US wh...
The current passport is invalid & you will not be allowed to board the aircraft. You need to renew it before you travel. The US doesn't accept hand-written passports anymore. DISCLAIMER - NOT A LEGAL ADVICE. USE OF THIS INFORMATION IS STRICTLY AT YOUR O...
If you are going to Canada or Mexico or other contiguous territories (except for Cuba), and staying for less than 30 days, you could re-enter the U.S. on your expired F-1 visa stamp, with a valid passport, your EAD card and an I-20 that has been recently ...
If you are in a valid L-1 status you do not need an Advance Parole if you have applied for a Green Card. However, you must be coming back in to work with the same employer that applied for your L-1. Your spouse and children can also travel and the same ru...
In 2004, the USCIS confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarificat...
If you travel out of the U.S. while you are in H status, you should have the following documents in order to be re-admitted to the U.S. * Passport valid 6 months into the future * Letter from department Chair or Dean confirming current employment i...
TRAVELING WHILE ON OPT In general, an F-1 student on post-completion OPT may travel outside the U.S. temporarily and be readmitted to resume F-1 status and employment for the remainder of the period authorized on his or her EAD card. The student must not...
There are two kinds of identification requirements for international travel from the US, identification for getting through TSA security, and identification for the airline. The TSA's ID requirement for entering the secure part of the airport terminal is ...
Yes, you can travel after approval. You can enter US with a valid H1B visa and I797 not more than 10 days before H1B start date.
Required documents to re-enter the U.S. while on STEM extension: * STEM extension OPT I-20 with page 3 endorsed for travel; travel endorsement cannot be more than six months old * Valid F-1 visa stamp * Valid passport * STEM Extension EAD car...
When a foreign national in O-1 status wishes to leave the United States temporarily and return to continue his or her approved employment, he or she must carry appropriate documentation to gain reentry to the U.S. Reentry documentation generally includes:...
In order to re-enter to the United States after a visit abroad, J-1 scholars and student interns must present: * a valid passport (valid six months into the future); * a valid J-1 visa stamped in the passport (certain exceptions apply); and * orig...
L1 visa holders are allowed to travel in and out of the United States for as long as their visa is valid. However, the time they spend outside of the country could count toward their visa's period of admission. For instance, if you have a one-year L1 visa...
There is no restriction. Carry copy of receipt notice with you when you travel within the US without any problems. You can also make short trips to Canada and Mexico for less than 30 days and return using automatic Visa revalidation (AVR).
If your stay in Canada will be less than 30 days and you are not a citizen of the 5 countries not allowed AVR, you should be able to re-enter without a valid visa.
If you are traveling only to Canada or Mexico for fewer than thirty days, you will not need to obtain a new visa stamp to return to the U.S. To qualify for this privilege, you must: 1. Be in lawful O-1 status 2. Have an unexpired I-94 card with you ...
You need a transit visa without which BA will not even issue you a boarding pass or let you check in. You will be requiring a Transit Visa , which is a must to travel via London. Approved I-797 , Paystubs will not work. So , you can apply for it. DISCLA...
No. Outside US you are not on any status with respect to US and therefore it is not mandatory to be paid.
For a COS petition you need to be in US and any travel abroad will be considered as abandoning COS part of H1B petition. When filed as consular processing you have nothing to worry. COS is a process that is done if you are in US on a valid status and mo...
LIST OF DOCUMENTS TO CARRY FOR TRAVEL TO USA ON H1B VISA : * Passport with valid H1B Visa stamping on it. * H1B Approval notice - Original form I-797 * Your offer letter given by the company that sponsored your H1B Visa * The employee agreeme...
An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can sh...
You are not permitted to travel abroad while an application for change of status is pending. If you travel outside of the U.S. while an application to change status is pending, you are considered by USCIS to have abandoned your application. In this event,...
Although it is permissible to travel while a petition to extend O-1 status is pending with USCIS, you will still need a valid O-1 visa and a valid Form I-797 to re-enter the U.S. If the extension of stay is not approved by the time you need to re-enter th...
You need to apply for a free of charge transit visa. Only citizen of certain countries who need a visa to visit Canada can transit through Canada without visa; India is not among them,. The length of stay does not matter. The location of your connecting ...
If H1B petition was filed as COS then the COS part of H1B petition will be considered abandoned. Your H1B petition will still be processed. To work on H1B you will need to enter US with a valid H1B visa and I797. DISCLAIMER - NOT A LEGAL ADVICE. USE OF ...
If your nonimmigrant status is not H or L status, and you leave before the AP is approved (you don't have to have it in hand, the date of issue on the AP just has to be before the date you left), you will automatically abandon your Adjustment of Status (I...
No issue. Your I94 expiry date will be based on passport expiry date.
You would need a F1 VISA to come back. If your H1 petition is approved then you can come back with the H1 visa up to 10 days before the start. Hence a definite risk .
Visitors should be more in their home country than in the US. If a visitor is most of the time in the US, it looks as if the person actually lives here, which isn't allowed for visitors. A rule of thumb is to be at least twice as long at home than in th...
If you have an approved visa for USA and Schengen countries then there should not be any issue at port of entry (POE).
If you bought tickets online from the airline, you should have gotten a confirmation code via email or text. This confirmation code will allow you to check in online 24 hours before your flight, and once checked in, you can print out boarding passes. At t...
You require the following documents for International Travel: 1) Passport - Valid for at least 6 months from your travel date. For international flights, your passport is the only valid photo ID proof that will be accepted. 2) Visa - Valid visa for the ...
You should to take a valid passport, your I-20 recently endorsed by an international student advisor, your EAD card, and an official job offer letter showing your salary, location of where you will be working, number of hours of work per week, job duties,...
While entering back into U.S., you should be able to prove that you had been maintaining H1B status before leaving U.S. and you are going to be maintaining H1B status after entering into U.S. Please carry the following documents: * H1B approval noti...
It depends when your H1B validity starts. She can travel back to the US on F-2 during the period you are on F-1, i.e., before the H1B validity takes effect. After arriving in the US, she should file a petition to change her status to H4.
ESTA registration [http://www.state.gov/documents/organization/104770.pdfesta/] is required for all travelers to the United States under the Visa Waiver Program [http://www.ustraveldocs.com/in/in-niv-visawaiverinfo.asp]. There is a US$14 fee for ESTA regi...
You can travel even 1-2 weeks of visa validity left. Your employer should be aware of your travel plans and be ready to file extension after you land here.
You can travel with in 1-2 weeks of visa validity left. Your employer should be aware of your travel plans and be ready to file extension after you land here.
If a person in B-2 status files an extension request and remains in the U.S. while it is pending (beyond the I-94 expiration), s/he will be out of status and unlawfully present if the extension is denied. This period of overstay and unlawful presence auto...
CPT is part of your F1 program whereas OPT given after completing the degree to gain work exp. CPT jobs are very very less and in CPT you cannot work for any employer. Better to take OPT.

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