Latest news with #I-797
Hindustan Times
01-08-2025
- Business
- Hindustan Times
H-1B visa in-person interview mandate: How to prepare and key details to know
The US Department of State announced sweeping changes to its visa interview waiver policy last month. Effective September 2, 2025, applicants for US non-immigrant visas, including those applying for H-1B visas and those under the age of 14 and over 79, will have to appear for in-person interviews with a consular officer. In July, the US announced major changes to its visa interview waiver policy. Announced on July 25, the latest decision reverses the February 18, 2025 policy. Besides tightening the eligibility criteria, it further limits applicants who can skip visa interviews and only provides exceptions for a few categories. What does it mean for the H-1B visa category? This non-immigrant visa category allows employers in the United States to hire foreign workers in speciality occupations. After the latest changes, those applying under the H-1B visa category will no longer be broadly exempted from the requirement of in-person interviews. Whether applying for the first time or renewing an H-1B visa, the revised rules will require applicants to appear before a consular officer. Ultimately, this could result in longer waiting periods and increased scrutiny. The decision rolls back the exemptions that were granted during the COVID-19 pandemic period, allowing several applications to skip the in-person interviews. Also Read: US visa interview waiver rules to become stricter from September 2: Here's what changes for applicants How to prepare for in-person interviews? According to Boundless Immigration, the H-1B visa interview is held at the US Embassy or consulate in the home country of the applicant. The consular officer will take the interview to assess the applicant's qualifications, eligibility and intent. During this process, the applicants must remain prepared for documentation review, background information, details regarding their employment as well as effective communication and English proficiency. Some of the commonly asked questions during H-1B visa interviews include: Educational background: Highest educational qualification, where and what did you study, how do your educational qualifications relate to the job offer and others. Professional experience: Past working experience, how your experience prepares you for the new job role in the US and why you resigned from your last job. Job details: Here, applicants must remain aware of their job responsibilities in the US, their new job title, salary, information regarding the employer and other details. General questions: Applicants could be asked questions like: Why is their presence required in the US? Why do they wish to work in the country? Will they return to their home country after working in the US? Also Read: Who is eligible for US visa interview waiver? Key changes explained amid stricter rules Some of the key documents required include the original I-797 approval notice, labor condition application, letter from the employer, educational certificates and more. FAQs: 1. What not to do during an H-1B visa interview? Applicants should try to clearly mention their job profile and avoid using corporate jargon. 2. How long does an H-1B visa interview last? It depends on person to person. Usually, it takes place for around 10 minutes. 3. When does the updated policy come into effect? It will start from September 2, 2025.
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Business Standard
09-07-2025
- Business
- Business Standard
H-1B visa holders safe abroad-but long absences may invite US govt scrutiny
Can your H-1B visa be cancelled for overstaying in another country? No, say legal experts. But staying away too long can invite scrutiny. Three Indian nationals holding valid H-1B visas were recently refused entry into the United States and had their visas revoked. They claimed on social media that the US Customs and Border Protection officials cancelled the visas on the basis of an extended stay in India, which they claimed was more than 60 days, despite valid documents. However, legal experts say there's no fixed grace period that applies to H-1B holders staying outside the US. No fixed 60-day rule for absence abroad 'There is no period of limitation or cut-off specified,' Palak Gupta, advocate and associate at Jotwani Associates told Business Standard. 'The form I-797 from USCIS mentions that a person can enter the US from 10 days before the start of employment, but beyond that, it remains open-ended.' She added, 'However, it is advisable to enter within a month or two after the visa is stamped.' Ajay Khatalawala, managing partner at Little & Co, said that while there is no formal deadline to enter the US once a visa has been issued, prolonged absence can cause issues. 'If the individual remains outside the United States for many months, immigration officers at the port of entry may closely examine whether the employment relationship is still valid. This is particularly the case if the sponsoring employer has not provided recent pay stubs or employment letters,' Khatalawala told Business Standard. 'In such situations, questions may arise about job continuity,' he said. So when does the 60-day grace period apply? According to US Citizenship and Immigration Services (USCIS), the 60-day grace period applies only within the US, and only after the H-1B holder loses their job. For instance, if someone is laid off on August 1, 2025, and their I-94 remains valid until February 2026, they would have until September 30, 2025, to find new employment, change visa status, or leave the country. The 60-day grace period does not apply if: 1. The H-1B holder is outside the US 2. Their I-94 has expired 3. They violate the terms of their visa (such as by working without authorisation) How can a visa be cancelled? According to USCIS, a visa can be revoked if: < The sponsoring employer withdraws the H-1B petition < The visa holder breaches any H-1B conditions (such as unauthorised work) < There's evidence of fraud or misrepresentation < The visa holder overstays in the US without switching to a new status Crucially, none of these conditions automatically apply to H-1B holders spending extended periods outside the US, unless the authorities believe there is a break in employment. 'A US visa is a privilege, not a right,' said a US embassy advisory issued last month. 'Screening does not stop after the visa has been issued, and authorities may revoke it if one breaks the law.' Since Donald Trump returned to office, immigration lawyers say there's a visible shift in treatment of non-immigrant visa holders. 'In the last few days, we have all noticed that after the Trump government came into power, they have come up with a new approach towards the future of immigrants and non-immigrants working in the US,' Mohammad Reja, advocate at the Guwahati High Court told Business Standard. 'Every perk comes with a cost, and here the cost is that they may be denied further stay,' he said. 'We respect our law and sovereignty, and as such, being a reasonable mind, we should be brave enough to accept the law and sovereignty of the US too.' What should Indian H-1B visa holders do if denied entry? 'If an Indian H-1B visa holder is denied entry after a long stay abroad, the first step is to identify the reason. This could include lack of employment documents, doubts about the validity of the job offer, or changes in the original petition,' said Khatalawala. 'In these cases, the person should contact their employer and get updated paperwork—like a current employment letter, pay slips, or a client confirmation letter if placed at a third-party site.' Khatalawala added that in some cases, a fresh visa stamp may be required if there's been a material change in employment terms or too much time has passed. Gupta noted that H-1B holders in this position may refile under section 101(a)(15)(H)(i)(b) of the US Immigration and Nationality Act. 'The new petition must be filed using Form I-129 with USCIS. This is only allowed if the job remains the same as the one in the original petition. If the person switches employers, then the filing must follow the provisions of section 214 of 8 CFR,' said Gupta.
Time of India
24-06-2025
- Business
- Time of India
H-1B visa holder? Here's what you must know before a planning a long stay outside the US
What H-1B visa holders must know before leaving the US. A recent viral social media post has raised fresh concerns among H-1B visa holders, particularly those planning extended trips abroad. The post claims that three Indian professionals were denied re-entry to the US after staying in India for more than two months. All three were reportedly stopped at the US pre-clearance facility in Abu Dhabi, where their visas were cancelled under 22 CFR 41.122(h)(3) — a regulation that allows US Customs and Border Protection (CBP) officers to revoke visas at their discretion. While the US government has not officially confirmed these cases, the incident has led to confusion about whether there is now an informal limit on how long H-1B holders can remain outside the country. Here's a closer look at the rules, eligibility, and what travelers should keep in mind. H-1B travel rules: What you need to know The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers in specialty occupations, typically for a period of three to six years. While there is no official rule that restricts H-1B holders from staying outside the US for more than 60 days, US border authorities retain wide discretionary powers. If officers believe that the visa holder has abandoned their job in the US or cannot provide sufficient proof of continued employment, they can revoke the visa on the spot. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Suomalaiset eivät ole tietoisia tästä vähän tunnetusta edusta Aurinkopaneelit | Haku mainoksia Undo This is especially true at the US pre-clearance facilities — like the one in Abu Dhabi — where immigration checks occur before boarding the flight. Officers at these checkpoints have the authority to deny boarding and cancel visas if they determine that the visa's terms are no longer being met. So while the "60-day rule" isn't codified in law, it reflects a practical risk threshold that visa holders are now increasingly wary of crossing. What keeps your H-1B status intact? To maintain valid H-1B status, a person must continue working for their sponsoring US employer or be able to clearly demonstrate an ongoing employer-employee relationship. This holds true even during temporary stays outside the United States, including periods of remote work. Short-term remote work or emergency travel abroad may not necessarily violate visa conditions, but travelers must be well-prepared to prove that their US employment was never discontinued or abandoned. Immigration officers may question the intent or status upon re-entry — especially after prolonged absences — and decisions are often made on a case-by-case basis. To reduce the risk of issues at the port of entry, H-1B visa holders should carry: Recent pay stubs to prove continued employment and salary payments. A valid I-797 approval notice, confirming the terms of the current H-1B employment. A detailed employment verification letter from the sponsoring company. Any attorney-issued documentation affirming lawful status and remote work permissions. Even with these documents, officers may scrutinize the situation if the time abroad seems excessive or unaccounted for. That's why the key to eligibility isn't just having a visa stamp — it's being able to prove that your US job is still active and ongoing, no matter where you physically are. What not to do while you're away Traveling to India or any other country is permitted under the H-1B visa, but extended stays without adequate documentation or preparation can lead to serious complications — including denial of re-entry or visa cancellation. To avoid such outcomes, H-1B holders should keep the following points in mind: Do not stay abroad for more than 60 days unless you have consistent proof of employment, such as pay slips and active job responsibilities. Never assume that a valid visa stamp guarantees re-entry. US immigration officers assess your current job status — not just the visa validity. Avoid using US pre-clearance airports (e.g., Abu Dhabi, Dublin, Toronto) when returning after an extended stay. These locations have stricter screening, and officers there can cancel visas before you board the flight. Don't rely solely on an employer letter. While important, it is not enough by itself. Supporting documents like I-797 forms, tax records, and legal affidavits help build a stronger case. If your return to the US follows a long absence, travel only after preparing a full documentation set that proves your continued employment and compliance with H-1B conditions. Skipping this step can lead to last-minute surprises — and even being turned away before boarding. Is your child ready for the careers of tomorrow? Enroll now and take advantage of our early bird offer! Spaces are limited.
Hindustan Times
24-06-2025
- Business
- Hindustan Times
Why did a 60-day trip to India get two H-1b visas canceled? Redditor weighs in
How ridiculous can your visa ordeals get? A Reddit user has cited that they read a since-deleted post claiming that two visa holders had their US work visas cancelled simply for spending over two months in India. The alleged incident reportedly took place at the Abu Dhabi preclearance facility, where U.S. immigration officers screen travellers before they even board a plane to the United States. Two H1-B visa holders allegedly had their visas canceled at Abu Dhabi for exceeding a two-month stay in India.(Representational Image) The Redditor claimed the travellers' visas were cancelled on the spot, allegedly because they had spent more than 60 days outside the U.S. 'Just read a post on threads that a couple of H1-B visa holders had their visas cancelled during at the Abu Dhabi pre clearance because they stayed in India for over 2 months. Is that even true?' the post read. Denied entry at Abu Dhabi preclearance byu/WasRedder86 inh1b ALSO READ| One honest answer cost him his US visa, claims Indian, Reddit weighs in 'I've stayed for months (worked remote) and returned back with no issues — afaik there is no limit of how long you can stay out of the country as long as your visa/797A remains valid and in status.' Another Reddit post claims the rejection was 'due to some other problem' However, Immigration lawyers and experienced visa holders pointed out that as long as a person's H-1B visa and I-797 approval notice are valid, and they are still on payroll and in good standing, staying abroad, even for a few months, is typically not an issue. Some speculated that the visa cancellations may have been due to documentation issues, such as missing employer letters or pay stubs. Others suggested U.S. officers may have questioned whether the individuals were still actively employed, especially if they were working remotely from India for an extended period. However, another post for the same subreddit claimed, 'I am the immigranation office who rejected visa in Abu Dhabi. It was due to some other problem and not due to length of stay.' ALSO READ| Amazon hire unable to start job due to this H-1B visa hurdle, Reddit weighs in Meanwhile, some legal experts argue that extended remote work from abroad might not count toward the H-1B's six-year stay limit, which could raise flags during inspection. For this reason, larger companies sometimes take H-1B workers off the U.S. payroll during long stints abroad.
