U.S. Visas Legal Consultant in India

05/02/2024

FY-2025 H-1B Cap - Important Dates and Changes Made to the H-1B Cap Process

02/02/2024: Final Rule was published by USCIS
03/04/2024: Effective Date of the Final Rule
02/28/2024: USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions.
By 03/31/2024: USCIS intends to notify account holders and upload selection notifications.
04/01/2024: USCIS will begin accepting online filing of Form I-129 for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected, and who choose the online filing option.

Registration Period: The FY 2025 H-1B cap's initial registration phase runs from March 6, 2024, 12 PM EST, to March 22, 2024, 12 PM EST.

Registration Fee: $10. The fee remains unchanged.

Summary of Changes: The final rule modifies H-1B cap regulations to implement a beneficiary-focused selection process, establish start date flexibility, and introduce additional integrity measures for the registration process.

Multiple Registrations: The final rule does NOT prohibit multiple registrations for the same beneficiary.

Beneficiary-Centric Process: Selections will prioritize unique beneficiaries, ensuring equal chances irrespective of the number of registrations submitted by an employer on their behalf.

Selection Notification: Once chosen, beneficiaries can choose their employer without affecting their selection chances. Multiple companies submitting registrations for the same beneficiary will receive notifications, allowing flexibility in filing H-1B petitions. Beneficiary will have flexibility to determine which company or companies could submit an H-1B petition for the beneficiary

Multiple Selection Scenario: Where multiple companies have filed registrations on behalf of the same beneficiary, and if the beneficiary gets selected, then multiple registrants can file petitions for the selected beneficiary. DHS does not determine which registrants file petitions, emphasizing communication between registrants and beneficiaries.

Registration Information: USCIS maintains the requirement for legal name, date of birth, and country of birth during registration.

Requirements: Registrants must provide valid passport or travel document information for each beneficiary, matching the intended entry document. Inconsistencies may lead to invalid registrations.

Revocation or Denial: USCIS has the authority to deny or revoke H-1B petitions based on false attestation, invalid registration, or declined fees.

Discrepancies: Changes in identifying information between registration and petition filing may result in denial or revocation. Petitioners have the opportunity to explain discrepancies before USCIS takes action.

Start Date Flexibility: H-1B cap-subject petitions can request start dates after October 1 of the relevant fiscal year.

04/09/2023

Appointment scalping - DO NOT DO IT.

The scalping process involves “sale of internet visa appointment” slots using fake names and passport numbers. The US Consulate is aware of this practice and is committed and working towards preventing it.

The way it works is that “agents” promise applicants that they will get an earlier visa appointments (through social media/Whatsapp) and take hefty sum for it (at least Rs. 30,000 or higher). They claim to have contacts with “insiders” to get the visa appointments “fixed”.

Please be aware that there are no agents endorsed by the U.S. Consulates in India. Every applicant has to follow the same process and procedure to book an appointment.

Further, please be advised that if the Consular Officer comes to know about the “purchase” before, during, and after the visa interview, your visa process may not only be cancelled, but refused under the Immigration and Nationality Act, and it’s controlling regulations.

04/09/2023

Hyderabad US Consulate Visa wait times

79 days - Interview Required (F, J)
9 days - Interview Required(H, L)
4 days - Interview Waiver (F, J)
12 days - Interview Waiver(H, L)
8 days - Interview Waiver (B1/B2)

31/08/2023

We are a Virginia based law office doing legal consultations in India (currently in Hyderabad).

We are doing legal consultations with applicants who are facing legal problems with US visas - 221g, 224, B visa, H visa, L visa, other employment visas, regular stamping questions, general legal issues (including previous overstay, criminal convictions), and applicants awaiting for green cards (consular process or I-485) etc.

Consultation fee can be paid in local currency.

28/08/2023

We are available for a legal consultation regarding US visas (including green card). Please feel free to reach out to me.

A nominal consultation fee applies (to be paid in local currency.)

27/08/2023

If you are a nonimmigrant (B/H/L etc.) in the U.S., and you had trouble with the law (such as petty offense, shoplifting, DUI/DWI, reckless driving, possession of drugs, or other crime), then you need to be extra careful before pleading in the court. A finding made by a judge in a criminal court can lead to unintended severe immigration consequences - both within and outside the U.S. It can also harm your ability to secure a visa from the U.S. Consulate in the future.

Please consult us if you are in such a position.

25/08/2023

221g means the consular officer made a PRELIMINARY determination that you are not eligible for the visa you have applied for.

Administrative Processing means your visa application is subject to additional checks/clearances. It may trigger a site visit in the U.S. for certain visa categories (say H-1B).

The 221g can come in different flavors:

- Documents from employers
- Documents from client
- Documents from employee
- Appear for a visa interview
- General application and/or background review and clearance

I am available for a legal consultation for a reasonable price.

22/08/2023

Securing a student (F-1) visa will be dependent on several factors

- Existence of SEVIS record
- Payment of SEVIS fees
- Acceptance at a school as evidenced by a Form I-20
- Intent to enter the United States solely to pursue a full course of study at an APPROVED/RECOGNIZED institution;
- Intent to leave the United States at conclusion of approved activities
- Possession of sufficient funds to meet the individual's financial needs, AND
- Preparation for course of study.
- There should be NO fraud or misrepresentation to garner acceptance into the school

If the applicant fails to meet one or more of the above criteria, the ground of refusal will be INA 214(b).

- Error free I-20
- Clear creation of SEVP record
- Program start date must NOT have passed, or unable to be met
- Do NOT submit false/fraudulent documents
- Possess a residence in a foreign country they have no intention of abandoning
- Knowledge of English
- Adequate financial resources/sufficient funds to cover expenses
- Student must be enrolled in Full Course of Study

If the application has any of these issues, the ground of refusal will be INA 221(g).

If you like to do a legal consultation, please contact me.

22/08/2023

Today USCIS launched an Online Appointment Request Form. This service is for individuals, and attorneys, present in the U.S. and wants to meet a USCIS official at their office. USCIS will give appointments for for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more. once you submit an appointment request, the USCIS Contact Center will review the matter and availability of in-person appointments at a SPECIFIC field office and schedule one for you.

Website:

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19/08/2023

Few Q&A on Section 221g and Administrative Processing.

Q. What usually happens in the visa process?
A. Generally speaking, a consular officer will either issue or refuse the visa. If the consular officer determines, during a personal interview or documentary review process (drop-box), that the applicant did not establish eligiblity for a visa, the consular officer must refuse the visa under section 221g of the Immigration and Nationality Act (INA).

Q. Simply put, what does a visa refusal under section 221(g) mean?
A. It means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer.

Q. What is Administrative Processing?
A. Sometimes (and it is happening a lot in India), the consular officer may need additional information from the applicant, or from sources OTHER THAN THE APPLICANT, to determine an applicant’s eligibility for a visa. In such cases, the visa is marked as 'refused' and the application is subject to administrative processing. This 'refusal' may not be permanent.

Q. Can a visa be issued after completion of administrative processing?
A. Yes. Upon receipt of the required additional information, the consular officer might conclude that an applicant is now qualified for the visa that he or she applied for. At that point the consular officer will send an invite for submission of passport for further processing.

Q. What kind of review happens during administrative processing?
A. The review will depend on the individual facts or circumstances of the case. It can be security related verification (say if the person's first/last name is a 'hit'). It can be fraud prevention verification (such as requesting USCIS to conduct a site visit of the petitioner's office, or client office to determine the legitimacy of the job offer) etc.

Q. If administrative processing is required, will the consular officer inform the applicant at the end of the interview?
A. Yes.

Q. Can I do anything to prevent my case from being subject to administrative processing?
A. No. The decision of the consular officer is not subject to a judicial review. It is completely discretionary. The best practice is to carry as much documentation is possible establishing your eligibility for the visa.

Q. Can a refusal under section 221(g) be overturned?
A. Yes. A consular officer can reconsider a visa application refused under 221(g) at a later date.

Q. Can the consular officer ask for additional information?
A. Yes. Applicant has one year (1 year) from the date the visa was refused to submit the additional information.

Q. What is the usual processing time?
A. Processing times can vary based on individual circumstances. If an applicant’s situation presents a unique hardship, please inform the consular section where the visa application was made. Visa applicants are reminded to apply early for their visas, well in advance of the anticipated travel date.

18/08/2023

If you are a U.S. visa applicant currently in India and need legal assistance, please message me. We are a U.S. attorney office (Virginia based) and we are visiting HYDERABAD, Telangana, region. I am available for a legal consultation for a reasonable fee.

If the matter is 221g/214b visa refusal, visa administrative processing, B/H/L/E/H1B1/R or any other nonimmigrant visas, NOIR/NOID/RFEs, queries from U.S. Consulate, or Green Card related legal queries (be it EB-1/2/3/4/5) - I am available to give legal consultations in these matters.