Dependents of H1-B work visas can now travel to the US, according to a US Department of State directive. This applies to H-1B, H2A, H4, J1 visa categories, the US Department of State said in a notification.
Full Answer
Is it possible to enter USA for the first time on H1B?
Many of the lucky ones, who got picked in H1B Visa lottery, approved and stamped are one step away from entering USA. This article will focus on information to help you with the next steps and some of the key things that will matter to you, if you are entering USA for the first time on H1B Visa status. When can you enter USA on H1B visa ?
Is there a travel ban for H1B visa holders in India?
US gov has recently released a statement proclaiming a newly enforced travel ban. I am an Indian citizen with H1B visa living in USA. My wife, an Indian citizen and a H4 visa holder is in India right now. She has tickets booked from India to USA from Qatar Airways on May 12th, 2021.
Can dependents of H1-B work visas travel to the US?
Dependents of H1-B work visas can now travel to the US, according to a US Department of State directive. This applies to H-1B, H2A, H4, J1 visa categories, the US Department of State said in a notification.
When do H1B visa holders have to return to the US?
They have to return to the US before or on June 6. But how? The H1B visa member of the family is not allowed to work remotely, so he has been on unpaid leave to this day. Nitin Kaushik (name changed) on H1B visa, who came to visit his parents in India and got stuck amid the lockdown, has lost his job in the USA.
What is an H1B visa?
The employee (H1B Visa holder) must provide significant and unique contributions to an employer meeting a critical infrastructure need. This will include chemical, communications, dams, defence industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems.
Who can work on H1B visa?
This will include medical researchers working in an area with a substantial public health benefit. For e.g. cancer or communicable disease research. The administration also allowed technical specialists and senior-level managers who hold H1B visa.
What does it mean when an H1B applicant receives a wage that exceeds the prevailing wage?
If an H1B applicant receives a wage that meaningfully exceeds the prevailing wage, it suggests that the employee fills an important business need, the State Department said. Fourth, the H1B holder should be able to demonstrate his/her education, training and/or experience in the speciality occupation.
Is L1 visa the same as H1B?
The exemptions for L1 visas are mostly similar to that of the H1B. On June 22, the US President Donald Trump had signed a proclamation. It said that till the end of the year in the aftermath of the COVID-19 pandemic, the US Government has banned all foreign visas.
Can dependents travel with visa holders?
This included people who are necessary for “the immediate and continued economic recovery of the United States”. The new order will also allow dependents (spouses and children) to travel with primary Visa Holders.
Do you need to be physically present to get a visa?
The employer must need you physically present in the country. Which means. if you are an employee who can perform essential function remotely, your Visa Ban stays.
Does the US allow H1B visa holders?
The POTUS has relaxed some rules for H1B visa holders. This comes after he had banned all kinds of foreign visas in order to protect “American Jobs”. The new relaxation stated the US will allow that H1B and L1 Visa holders to enter the United States if they are returning to the same jobs they had prior to the proclamation of the visa ban.
When can I enter the USA on an H1B visa?
When can you enter USA on H1B visa ? You can enter USA only 10 days prior to your H1B start date on your I-797 approval. Say, if your start date on I-797 is October 1 st, 2018, then you can enter USA only after September 20 th, 2018. Technically you are good to go now as we are close to that date.
What to do before H1B?
There are many things that you can do before entering USA on H1B to avoid some hassles and maybe save some money. These are things like Health Checkup, Dental Checkup, Eye checkup. Also, there are things like what you can buy in home country and carry them to USA. Some of the things are not required to carry. Read these articles.
How does CBP stamp your passport?
The CBP officer will stamp your passport and put a date and status of your visa, just check the visa status he puts in. Once it is done, you will have to pick up your luggage bags and then go through the customs. You may be questioned by customs randomly to open bags or if they sense something is wrong.
What visas can a foreign diplomat travel to the US?
Foreign diplomats traveling to US on A, G visas. E-1, NATO -1 through NATO-4, NATO-6 Visas
When does the F1 visa start?
F1, J1, M1 Visa holders, unless their program starts on August 1 st or later.
Who all from India does the US Travel Ban Apply to ?
The travel ban applies to all non-us citizens who were physically present in India during the 14 days before their entry to US or their attempted entry to US , unless they fall under certain exceptions as listed by US Dept of State or they fall under national interest exception waiver. Below is the screenshot from the proclamation.
How long is the travel ban in 2021?
Jul 6th, 2021 : US Dept of State extended the NIE validity from 30 days to 12 months and also added multiple entry. All this tells us is that the travel ban may stay for a long time. You can check NIE rule 12 months for Travel Guidance for more info.
Why did Biden ban travel to India?
As per the proclamation signed by President Biden, the decision to ban travelers from India is based on recommendations from Centers for Disease Control and Prevention (CDC) based on the critical situation in India with the surge in cases due to COVID-19. They say there is a new variant in India called B.1.617, including the other variants from UK and South Africa present in India. As per CDC they are more easily transmittable and as a proactive measure they are restricting and suspending travelers from India to United states.
Will Biden lift the travel ban?
Jul 10th, 2021 : Reuters reports that Biden Administration may not immediately lift the travel ban soon. They had multiple discussions with many leaders of various countries and could not come to a quick conclusion. So, it may be the same case for India as well. Expect the travel ban to be there for some time.
Will the travel ban be lifted in 2021?
Jul 26th, 2021 : The cases in US are rising citing the delta variant. Based on this WhiteHouse said that they do not plan to lift the Travel Ban in the short term. So, we may see the travel ban to be there for some more time. Check Reuters Official News
Where is H1B visa?
An H1B visa professional, who is currently in Hyderabad, got the quote for a charter flight from a California-based company. Hundreds of H1B visa holders stuck across India responded to his social media posts seeking to full up a Boeing 767 with 278 seats.
How many H1B workers will be out of work by June 2020?
More than 200,000 H1B workers are facing the prospect of losing legal status by the end of June 2020, according to immigration policy analysts. With the further extension of lockdown in India overshadowing chances for resumption of travel between India and USA, the H1B workers who are stuck in India have started pulling out all ...
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Is there a hearing on H1B visas?
But it seems that there is yet no hearing on the plight of H1B visa holders in the court of the Almighty , as India further extended the lockdown until May 17 in all COVID19 red zones including major cities with the continued restrictions on international travel.
How to activate H1B?
In order to activate the H1B, the beneficiary must leave the US and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Status/Amendment petition. 2. Travelling Outside The US When H1B Change Of Status Petition Is Approved With A Future Start Date.
Is it safe to travel after H1B?
NOTE: It’s always safe to travel after H1B approval.
Can a beneficiary return to the US in their previous status?
The beneficiary may only return to the US in their previous nonimmigrant status (if still valid or applicable) or the beneficiary must wait until the H1B petition is approved so that he/she can obtain an H1B visa stamp with which to re-enter the US.
Can I use an I-94 for an H1B extension?
If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.
Can Elizabeth travel to the US?
Yes, Elizabeth will be able to travel on H1B visa and re-enter the US with the previously issued H1B visa stamp and H1B approval notice. Once she re-enters and after the H1B petition is approved, her status will be extended. If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.
Can an H1B extension be denied?
If the H1B Extension of Stay is denied while the employee is outside the US, he/she should still be able to re-enter the US based on the still valid, previously issued approval notice and visa.
Can an H1B employee enter the US without an H1B visa?
b. If the H1B employee enters the US without the new H1B petition approval notice , CBP will admit the employee based on the previously issued H1B approval notice and H1B visa, which will have a shorter expiration date than the newly approved petition. The employee must leave and re-enter with the new approval notice (and possibly need to obtain a new H1B visa stamp if the previously issued visa is no longer valid) or the employer must file a new extension of stay petition to extend the employee’s I-94.
What To Do If H1-B Holder Has To Work Remotely From India?
Employers hiring H1-B visa holders have to post either an electronic or a hard copy notice informing US workers that a foreign worker is working at worksite location.
Who should consult with an immigration lawyer?
Please Note: This information is for guidance purposes only. Everyone impacted or seeking answers should consult their immigration lawyer for legal guidance before taking a decision or making a move beyond their Area Of Intended Employment
Can an alien who lives abroad work part time?
In addition, the limitations shall not apply to aliens who reside abroad and regularly commute to the United States to engage in part-time employment….To qualify for this exception, the petitioner and the alien must provide clear and convincing proof that the alien qualifies for such an exception.
Does the new LCA cover H-1B workers?
The new LCA should cover the new worksite at which place H-1B workers intend work as well as details of why the change was required.
What are the potential issues that an H1B visa holder might have?
The only potential issue that an H1B visa holder might have is if other immigration policies somehow restrict entry. For example, when the Trump administration banned entry to the US for citizens of some countries, there were H1B visa holders that got trapped outside the country for a while.
How long is an H1B visa valid?
For example, if you left for three months, the H1B is valid for six years, three months total.
