H1B Visa Questions

HomeUS Visa & ImmigrationH1B Visa Questions

How do I schedule a visa interview?

How can I change my interview appointment date?

You may reschedule your interview date only once. You can reschedule or cancel the appointments by logging into your profile at USTravelDocs.com/in.

Do you have any provision for an emergency appointment? I have to travel immediately.

Please read our article on H1B visa emergency appointment

Is there a separate fee to be paid if the visa is issued?

All the non immigration visa applicants including children are required to pay one-time visa application fee known as machine readable visa fee or MRV fee. This fee is non-refundable and non-transferable. The MRV fee has to be paid regardless of whether visa has been issued or not.

I got married recently and would like my wife to accompany me. I have an appointment for next week but my wife doesn’t. What do I do?

You need to make a separate visa interview appointment for your wife.

I have taken appointments for my family and myself. Do I have to bring my minor children for the interview?

Children under the age of 14 and adults over the age of 80 are not required to attend the visa interview. They may submit their application under the visa waiver program.

I got my passport back yesterday with a visa stamped on it. But I found that my name/ date of birth are wrong. How do I fix this?

If there is some mistake or error in the visa then you should contact the consulate/embassy in which you gave the interview. Or you can email [email protected] and explain why you think there is an error. They will provide instructions on how to submit your passport.

I went for a visa interview yesterday and I was given a Form 221(g). I was asked to bring some additional details and my case was pending for administrative processing. The same form says I can reappear without making another appointment on certain days of the week. I would like to know for how long this letter is valid for me to reappear for another interview without an appointment.

You are advised to follow instructions as given by the Officer at the time of interview. You may re-appear when you are ready with the required documents within one year from the date of your original application. After that date, you will need to make a new appointment and pay the required application fee again. (There’s a time slot reserved for such cases and varies at every consulate. Please check for the applicable consulate for the timings.)
If the officer has checked the box that the case is pending for administrative processing, then the applicant will need to wait for further instructions from the Consulate about completion of his or her case. In many instances, the delay is due to some further processing, i.e. name checking or fingerprint check, and may take several weeks to resolve. Applicants will be notified as soon as the processing is complete and the visa is approved.

I came for an interview yesterday and the officer did not return my documents i.e. my I-797 approval notice, degree certificates, marriage certificates etc. What should I do?

The Consular Officer generally returns all documents to the applicant at the end of the visa interview. However, if any documents are left behind, they are normally mailed out to the applicant at the address he/she provided on the application form. It’s recommended that you remind the consular officer at the end of the interview and collect all your original documents. You can contact the consulate or Stanley for further information.

I was working for company X. Currently I am working for another company Y. I have a valid B1/B2 from the old company X. I need to travel right away. Can I use the old visa or do I have to apply for a new visa?

If you applied for B1/B2 visa under a company, and you have left that company, then your B1/B2 visa is still valid provided it has not expired. The B1/B2 visas are issued to individuals not companies.

I have less than 6 months remaining on my passport. May I apply for my U.S. visa?

Please get a new passport, as regulations require at least 6 months validity on a passport before the consulate can issue a visa.

I currently have a valid US visa. Do I need to be electronically fingerprinted at the visa section before I travel to the United States?

No. You will be electronically fingerprinted at a Port of Entry on arrival in the US. If you are applying for a visa; you will be fingerprinted at the Consular section, during your visa interview.

I need to renew my recently expired non-immigrant visa. What should I do?

A US non-immigrant visa cannot be renewed. You must apply for a new visa to replace an expired one. You will have to schedule an appointment for a personal interview.

How long can I stay in the United States?

The US Department of Homeland Security’s Bureau of Citizenship and Immigration Services (BCIS) inspector at the port of entry decides your length of stay in the United States. The length of stay will be given on form I-94.

I still have a valid US non-immigrant visa but my Indian passport has expired. Can I transfer this visa to my new passport?

No. If you are holding a valid US non-immigrant visa in an expired Indian passport, you may carry both your expired and new Indian passport together and travel between India and the United States until the non-immigrant visa expires. You do not need to obtain a new non-immigrant visa.

What are the penalties for overstaying?

A nonimmigrant who remains in the United States beyond the authorized period of stay or who violates his or her nonimmigrant status may become subject to arrest and deportation. Overstaying from 180+ days triggers a 10-year ban from US for unlawful presence.

My visa is refused; will I get my fee refunded?

No. The visa application fee is not refundable.

How do I reapply after a visa has been refused?

– If your visa was refused under 221g

  • Follow the instructions that were given to you at the time of your refusal
  • If you have been requested to wait until the Consulate contacts you, please do not make an appointment
  • If your case requires further administrative processing then the Consulate will contact you once this has been completed

– If refused under 214(b)

  • Take a new appointment and follow the process to re-apply

My visa is refused and I was told that it requires additional administrative processing. What is the administrative processing? How long does it take?

As a result of ongoing review of visa practices by the State Department and other U.S. agencies in the aftermath of September 11, 2001, visa applications are subject to a greater degree of scrutiny than in the past. This simply means that in some instances visa applications may take longer to process.
You will be advised at the time of the interview if your application requires additional processing. Typically this involves

  • name check
  • fingerprints check
  • document verification
  • police and law enforcement record check
  • criminal history and background check

Most special clearances are resolved within 30 days of application. When additional special clearances or administrative processing is required, the timing will vary based on individual circumstances of each case.
Sometimes additional processing may take up to 60 days and this cannot be expedited. Therefore, you are advised to make final travel plans after you receive your passport with the visa stamp.

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