MVP LAW GROUP – Immigration Q&A Forum, Friday, June 8, 2012

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Work Visa
Are there any H1Bs left under either CAP?

Answer #1
As of June 1, 2012, there were approximately 55,6000 H-1B Regular CAP subject nonimmigrant visas filed and 18,700 H-1B Masters Exemption nonimmigrant visas filed.

Question #2 – Temporary Work Visa
I still have a valid US non-immigrant visa but my Indian passport has expired. Can I transfer this visa to my new passport?

Answer #2
You should carry both your new passport and your expired passport, as your expired passport holds your valid entry document into the U.S.

Question #3 – Immigration Interview
My visa is refused; will I get my fee refunded?

Answer #3
Fees are nonrefundable.

Question #4 – Immigration Interview
How can I change my interview appointment date?

Answer #4
There are strict procedures for most Consulates. You will have to research the applicable procedure for the specific Consulate to which you have applied. In most cases, you will contact the Consulate itself through a specific email or telephone number and request to reschedule the interview based on your present circumstances.

Question #5 – General
What should I do in a life and death emergency situation for activating the receipt? I cannot wait and need to travel immediately.

Answer #5
You would need to contact your local USCIS Office and attend an INFOPASS appointment where you can explain your present circumstances and based upon the situation, they may or may not grant you a travel document. Make sure to bring with you to your appointment sufficient evidence of the reason for your emergency travel.

Question #6 – General
How do I reapply after a visa has been refused?

Answer #6
It depends upon the reasons for rejection of your visa. If rejection was made and the case returned to the USCIS for further review, you must wait until a decision is made by the USCIS to reaffirm the case before you may reapply or contact the Consulate again to reconsider the initial decision.

Question #7 – General
I have less than 6 months remaining on my passport. May I apply for my U.S. visa?

Answer #7
We would recommend that you apply to your renew your passport as soon as possible. Most nonimmigrant visas will not be granted if the applicant does not have a valid passport for a period greater than 6 months.

Question #8 – Immigration Interview
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?

Answer #8
You will need to contact the Consulate itself and inform them of the error. Upon returning to the Consulate, or if you mail your passport back to the Consulate, provide sufficient evidence of the correct spelling of your name and record of your correct date of birth.

Question #9 – H-1B Nonimmigrant Work Visa
Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?

Answer #9
The six year period begins to accrue when you first enter the U.S. on a valid H-1B nonimmigrant visa. Your I-94 card will be stamped to reflect the date you arrived.

Question #10 – Asylum
How much is the USCIS filing fee for an Asylum application?

Answer #10
There is no USCIS filing fee for an Asylum application.

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, June 22, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!