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H-1B revalidation is possible in US

veryman reaches the US on Company A's H-1B visa. Between eight and fifteen months, Everyman gets an offer from Company B and decides to throw the gauntlet in its favour. Everyman secures the transfers approval but is now losing sleep, as Company B's visa is not stamped on the passport. Everyman writes to AssureConsulting.com. If you are in the US on an H-1B and are trapped in a similar situation read on:

H-1B holders who jump jobs and wish to travel outside the US or whose visa is about to expire need to revalidate the visa. The revalidation process however must not be confused with the application for visa extension or application for visa transfer. The revalidation process commences once the INS grants the transfer or the extension approval. This approval must now be revalidated or reaffirmed by a State Department stamping on the passport. The procedure in both cases is ditto.

Documents needed

The application for revalidation of an H- 1B visa must be accompanied with the following documents. For a State Department stamping, applicants must consult the company attorney to ensure that documentation is thorough. The documents are as follows:

A valid passport for a minimum period of six months. The passport (or accompanying previous passport) must contain a previous visa bearing the same classification, which is now being sought.

An original or certified copy of Form I-94 annotated by the Immigration and Naturalisation Service inspector when the applicant was last admitted to the US. The original I-94 should be stapled with the passport. If the Form I-94 has expired, the applicant must submit a valid Form I-797 Notice of Approval from the INS for each visa applicant.

A valid employment petition (Form I-797) issued by the INS. The form will indicate the applicant's current employer and the approved extension of temporary stay. A photocopy is acceptable. Candidates who have applied for revalidation after shifting jobs must submit the transfer approval.

A comprehensive letter from the applicant's employer addressed to the Visa Office, Department of State explaining the need for the visa. The covering letter must identify the applicant, describe in detail the nature and function of the applicant's position and also contain information on the nature of the employer's business. The letter must be written on the letterhead of the current employer and signed by a representative of the company. The Visa Office will not accept letters signed by the visa applicant.

Applicant must also submit photocopies of tax returns filed in the US.

If the visa applicant is the sole employee of the company in the United States, the latest copy of the company's FICA and IRS forms must be submitted along with the applicant's letter of explanation. Make certain that you include the company's fax number.

Applicants must submit a typed nonimmigrant visa application form, DS-156, with one passport-size photograph, with white or light background. The photographs must be attached to the respective forms in the designated place. The DS-156 application form may be obtained via auto-fax at 202-647-3000, document 6306.

All male applicants 16-45 years of age must also submit form DS-157 (supplemented non-immigrant visa application). In the application form the applicant must take care to spell out the month of birth (i.e., write "January 2," and not 1/2 or 2/1). Incomplete applications are returned without visas.

If the spouse and/or dependent children are applying for visas separately from the principal alien, certified copies of the principal alien's valid I-797 petition and valid I-94 (front and back) must be submitted in addition to all other requirements.

Revalidation Fee

For each machine readable visa, applicants need to pay a $45 non-refundable fee. Payment may be made via bank draft, money order, or corporate check in favour of the "US Department of State." The Department does not accept cash or personal checks. In addition, Indian nationals must pay a reciprocity fee of $75.

Apart from the fee amount, applicants need to include a prepaid air bill for the carrier of their choice to receive the return documents. Applicants, who opt for the US Postal Service, must enclose a stamped, self-addressed envelope for postal service. For reasons of safety, the US postal inspectors recommend that passports sent via the US Postal Service should be mailed in padded envelopes.

Applicants cannot directly contact the State Department. All transactions take place via US mail or commercial courier. (Address on the blurb to the right). The State Department takes between six and twelve weeks to process the request.

Rejection of Application

In case of inadequate documentation the State Department can reject the application. The petition for review by the applicant will be treated as a new application. If the applicant does not have time to complete processing in the United States, the applicant must pursue the application at a US Embassy or Consulate in their country of origin.

On rejection of the application, the State Department will not return the DS-156 (Nonimmigrant Visa Form) with the other supporting documents. Therefore, on re-submission applicants must include a new completed and signed OF-156 with photograph.

In addition, applicants need to submit the following documents:

Attached cover/refusal letter

Evidence of fee payments

Completed and signed DS-156 form with photo

Supporting documents (including previously missing items)

Self-addressed stamped envelope and/or pre-paid airfoil for commercial courier service.

The reapplication should be mailed to the following address: Department of State
CA/VO/P/D, 2401 E Street, NW Room L-701 Washington, D.C. 20522-1016

The same process is also applicable for L, O, and P category of visas.

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