These H-1B visa holders and their relatives, or international students, or even a green card holder, are advising US immigration attorney clients not to travel abroad. India is not included in the list of proposed travel ban by the United States, but there is still fear.
On Monday, Toi also informed the green card holders about a similar advice. The reasons for these reasons, from delays in the US consulate in the native country, highly scrutinized and secondary inspection cases, including detention at US airports in return.
“It seems unlucky, but the foreigners (especially those who need to renew the H-1B or F-1 visa) should think twice right now,” said Krapa Upadhyay, an immigration attorney in Seattle.
‘Visa holders should have an emergency plan’.
The US Department of State has updated eligibility requirements for interview exemption appointments (known as drop box appointments). Earlier, applicants can qualify for interview exemptions if they were issued non -immigrant visas in any category (except a visa visa) and applying within 48 months of expiry. Under the revised rules, the dropbox is only available to applicants who have visa renewal in the same non -immigrant category, which has expired in the last 12 months. Thus, if you are an international student with an F-1 visa and now you need H-1B, you will have to wait for the interview slot. Apadhyay said that if you have H-1B and you need an extension, but if your first visa was issued more than 12 months ago, you will also have to wait for the interview slot.
“Delays due to the availability of visa appointments is just part of this concern,” said Sunhel Batra, Managing Attorney of the NPZ Law Group. If the visa was approved for a visa several times before. I think we can expect to see ‘extreme visas.
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If US citizenship and immigration services (USCIS) have approved the H-1B, the consular officer has the right to refuse the visa and send the application back to USCIS for re-decision-making. “In such a situation, employees outside the country will be trapped for months before they can return to the United States,” said Apadhyay. “If the journey is inevitable, visa applicants and their employers should also try to have emergency plans if they are delayed, if the journey is inevitable.”
