General Nonimmigrant Visa

Bangkok’s Local Policy on Issuing B Visas

1. Describe Bangkok’s local policy on issuing B visas. 2. How does HCMC (Ho Chi Minh City) typically handle B visa adjudications for pregnant mothers who wish to give birth in the U.S.? 3. How does HCMC (Ho Chi Minh City) typically handle B visa adjudication for dependent parents? 4. How does HCMC (Ho Chi Minh City) typically handle B visa adjudication for domestic employees? 5. How does HCMC (Ho Chi Minh City) typically handle B visa adjudication for cohabitating partners of NIV (nonimmigrant visa applicant) or USC (U.S. citizen)?

1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM.  Each case is treated individually and is decided based on the personal interview.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Interview Protocol

May a third party (spouse, sponsor, etc.) accompany an applicant to an interview for a Nonimmigrant or Immigrant Visa?

The State Department says that on the Immigrant Visa side, the petitioner may accompany the beneficiary if the petitioner is in the Consulate city at the time of the interview.  The interviewing officer will speak to the petitioner only if he/she determines it is

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Labor Certification Registry Document Availability Schedule (as of July 1, 2013)

Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.

Agency: 

B-1 in Lieu of H-1

I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Moving Outside USA For A Year While H-1B Has Not Expired

I have a valid H-1B until April 2014. I left my employment with my company March 2013 and we were in the process of applying for the GC. I did not have time to find another employer and file a GC application before entering my final year. Therefore even if I transferred my H-1B I still would have had to leave in 2014. Therefore I have decided to come back to England for a year and reapply when I have completed 365 days out. I have 2 questions: 1) Does my time start from when I left the US or do I have to cancel my H-1B? 2) If I go back to visit, I assume I just visit under the visa waiver?

1. The one year out starts when you leave USA.

2. It may be best not to visit during that year.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-94 Web Application Video

The I-94 Web Application has been designed to provide travelers with the I-94 number that is assigned by Customs and Border Protectio or CBP - upon entrance to the United States. The I-94 number may be used for verification with other government agencies. Foreign travelers entering the UnitedStates at air or sea ports of entry will be able to access their electronic Form I-94 by visiting www.cbp.gov/I94

To learn more about this Web Application please visit the link below.

Nonimmigrant Visas: 

Change of Visa From H-1B to F-2

I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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