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Visa expired? Just relax

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, reports an Indian daily.

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. According to Economic Times report, 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.

Source: siliconindia.com