US Immigration Questions

  1. Authored on: Tue, 09/21/2021 - 06:20

     It appears they will be able to travel only if they travel to and stay for two weeks in a third country from which travel to the USA is allowed.

  2. Authored on: Tue, 09/21/2021 - 06:17

    J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE). If you already have a visa, you will need to apply for an NIE or travel to and stay for two weeks in a third country from which travel to the USA is allowed.  The US consulate in Slovenia has indicated they will consider NIE for J-1 holders:

    • Academic professors/researchers (J visa)
    • Au Pairs who are providing specialized care to a child needing particular medical, educational, or sign language care; or an au pair providing care to a child of parents working in the medical field related to Covid care or research.  (J visa)
    • Exchange participant pursuant to a government-to-government agreement (J visa)

    Intern or Trainee at a U.S. Government Agency (J visa, with program series G-3)

  3. Authored on: Tue, 09/21/2021 - 06:10

    A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.

    A2: Yes.

  4. Authored on: Tue, 09/21/2021 - 06:07

    OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives. 

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

  5. Authored on: Tue, 09/21/2021 - 06:05

    While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.

     

  6. Authored on: Tue, 09/21/2021 - 05:56

    You cannot reenter the USA without a visa.  Having a US citizen child exempts you from the travel ban, but not from the visa requirements.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

  7. Authored on: Tue, 09/21/2021 - 05:42

    Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.

     

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

  8. Authored on: Tue, 09/21/2021 - 05:39

    You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…

  9. Authored on: Tue, 09/21/2021 - 05:35

    Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization. Perhaps not, but you should speak with your lawyers to make sure all your options are discussed.

     

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
     

     

  10. Authored on: Tue, 09/21/2021 - 05:30

    We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency. Delay alone is not considered to be an emergency.

     

    Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

    https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…