H-1B VISA RENEWAL THROUGH VISA OFFICE IN WASHINGTON, D.C.

H-1B Visa and Immigration
	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

Important Note: Visa Revalidation (for classifications C, E, H, I, L, O, and P visas) will no longer be accepted by the Department of State after July 16, 2004. The ostensible rationale for terminating visa revalidations is that the Dept. of State lacks the capacity domestically to acquire the biometric identifers all visas will be required to contain as of October 26, 2004. The Dept. of State has no current plans to revive the revalidation service.

The Dept. of State program does not confer any legal status to a person in the U.S. The Dept. of State only provides a visa stamp in the passport for those who wish to travel and then reenter the United States. One who has a valid I-94 card for H1B or H-4 status (or whatever respective status he or she is in) who does not plan to leave the U.S. during the term of his or her status, does not need a visa stamp in the passport. A visa stamp can always be issued at a U.S. Consulate abroad if the applicant plans on traveling abroad.

H-1B VISA RENEWAL THROUGH VISA OFFICE IN WASHINGTON, D.C.

An H-1B visa is normally issued for the period of validity of the approved H-1B petition (maximum of three years). The H-1B visa may be extended for another three years. Therefore, the H-1B worker is likely to need a renewal of his visa if he or she intends to remain in the United States up to the six-year maximum period of eligible stay. If the H-1B worker never leaves the U.S. during the six-year period, a new visa is not required. If, however, the worker needs to travel abroad after expiration of his or her original H-1B visa, a new visa must be obtained in order for the H-1B worker to re-enter the U.S.

Please note that the H-1B visa must initially be issued at a consular office abroad. (Therefore, e.g., a "change of status" from B-1 or B-2 or F-1 to H-1B requires the beneficiary to obtain the initial H-1B visa at a consular office abroad in order to re-enter the U.S.)

An H-1B worker may have his or her H-1B visa reissued at the Visa Office of the State Department, Washington, D.C. The following documents should be submitted to the Visa Office:

Passport (valid for at least six months) for the principal and each family member. The passport must contain a previous H-1B visa, and that visa must have no more than 60 days of remaining validity, nor have expired more than one year ago. As each visa applicant will receive an individual visa, the passport must contain an unmarked page for each U.S. visa that will be placed in the passport. (For example, if a parent and two children included in the same passport will all receive visas, the passport must contain three unmarked pages.)

The original Form I-94, issued when the applicant last entered the U.S., for the principal and each family member.

Form I-797, the original INS approval notice which states the applicant's current employer and shows the approved extension of temporary U.S. stay.

Letter of support from the employer. This letter must describe the nature and function of the applicant's position, the kind of business, what it does, why the visa is needed, and a list of dependents. The letter must be addressed to the Visa Office, Department of State. H-1B visa applicants must show an unrelinquished residence in a foreign country which they have no intention of abandoning and must indicate when their temporary work assignment ends.

Properly executed, typed Form DS-156, Nonimmigrant Visa Application, and a passport-size photo for each visa applicant, regardless of age. Please spell out the month of birth (i.e., write January 2, not 1/2 or 2/1). The Visa Office is notorious for returning improperly filled out applications without visas. Form DS-157 should also be completed for all male applicants between the ages of 16 and 45, regardless of nationality, in addition to the DS-156.

If the spouse and/or dependent children are applying for visas separately from the principal alien, certified copies of the principal alien's visa and valid I-94 (front and back) must be submitted in addition to all other requirements.

Filing fee (if required of nationals from the alien's country), in a money order or certified check, made payable to the Department of State. The fee varies according to country.

Separate $65 machine-readable visa (MRV fee) in a money order, certified check, or corporate check made payable to the U.S. Department of State. The $65 fee must be paid for each visa applicant, even when several of the applicants are included in the same passport (e.g., a parent and her children). The fee is additional to any applicable nonimmigrant visa application fee, and must be paid separately from that fee. A single check including both fees will not be accepted. PLEASE NOTE: The State Dept. is raising the machine readable visa (MRV) fee charged for the processing of a nonimmigrant visa from $65 to $100, effective 11/01/02.

A self-addressed, stamped or pre-paid envelope or properly prepared courier pack for return of the passport(s).

There is a new address for Visa Revalidation/Reissuance. The Dept. of State Visa Office has changed the address for filing of new visa revalidation and visa reissuance applications. One address is for postal service and the other is for courier service. For Postal Service send all documents to:

U.S. Department of State/Visa

P.O. Box 952099

St. Louis, MO 63195-2099

Fax: 202-633-1608

For Courier Service send all documents to:

U.S. Department of State/Visa (Box 2099)

1005 Convention Plaza

St. Louis, MO 63101-1200

Fax: 202-663-1608

Incomplete cases (prior refusals) being returned to the Visa Office with additional documentation necessary to continue processing should be sent to:

Department of State

CA/VO/P/D
2401 "E" Street, N.W.

Room L-701
Washington, D.C. 20522-1016

The phone # is (202)663-1213. The fax # is (202)663-1608.

Reissuance can take from two to ten weeks, depending on seasonal demand.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.