SOME
VISAS TO BE EXTENDED IN THE U.S.
Thousands of Indians working in the US were recently told they
would have to travel to the country's embassies abroad to renew
their visas , so that they could be interviewed and finger printed,
as the US' new visa policy requires.
This put an end
to the past practice where foreigners - entertainers, athletes,
journalists, investors, executives, and skilled and unskilled
temporary workers - working in the US could renew their visas
by mail. Now, though many of these workers believe they will
have to make a trip, usually back home, once their visas expire,
this is not necessarily true.
While the new policy
does require visa revalidation for 'E', 'H', 'I', 'O', 'L'
and 'P' visas to be done at the US' embassies abroad, workers
in the US can remain in the country legally even on expired
visas. They can also apply to change or extend their visa
status while in the US. "That extension is still available
in the US," says Aparna Dave, a US-based attorney. However,
if the person travels outside the US after his/her visa has
expired, then he/she will have to obtain a visa stamp from
the consulate indicated in the original visa petition filed
with the USCIS.
In certain cases,
however, an application for visa revalidation may be made
in a third country. The requirement of filing a visa application
in the home country is often necessary because the consulate
in the home country is in a better position to evaluate the
person's educational qualifications, if these have not been
acquired in the US.
"The visa
gives a person permission to apply for entry to the US and
that application must be made before the expiry date of the
visa . The I-94 expiry date indicates the duration that the
person can legally remain in the US. As long as a person is
in possession of a valid I-94, they are lawfully present in
the US - even if the visa, with which they applied for entry,
has expired," says Poorvi Chothani, US attorney, correspondent
in India to Cyrus D Mehta and Associates, USA.
The I-94 is issued
by a Bureau Of Immigration and Customs Enforcement (BICE)
inspector to any foreigner at the US border, or port of entry.
The I-94 is used to track entries and determine a person's
authorised stay in the US. Often, the visa expiry date and
the I-94 are not the same.
The new policy
does not hinder a person's ability to change or extend their
visa status in the US. "Thus, an H-1B visa holder can
extend his/her status in the US before it expires or when
he/she transfers to another employer who files another H-1B
petition," says Ms Chothani. Nor does it prevent people
from changing status from, say an F-1 student status to H-1B
status. "However, F-1 students would need to obtain an
H-1B visa if they travel abroad to gain entry into the US,"
she adds.
Let's take the
case of a person who is issued a three-year H1B-visa. On expiration
of this visa, the H-1B status can be extended for a further
three years. At this time, a new I-797 (Notice of Approval)
is issued with a new I-94.
"The notice
of approval is not a visa," warns Ms Chothani. If the
employee now wishes to travel abroad and his/her visa has
expired, then she/he will have to apply for a visa revalidation
in the appropriate US consulate abroad. "As long as a
person remains in the US, she/he will be legal - since the
I-94 has been extended - even though his/her visa has expired,"
Ms Chothani adds.
