Visa Renewals

An H-1B worker's visa is normally issued for the period of validity of the approved H-1B petition, as indicated on form I-797B.In some instances, the visa may be issued for a shorter period of time, based on reciprocal treatment by the alien's country of U.S. worker. In either case, the H-1B worker is likely to need  renewal of his or her visa if he or she will remain in the united states up to a 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 needs to travel abroad after the expiration of his or her original H-1B visa, a new visa must be abstained in order for the H-1B worker to re-enter the U.S..

Visa re-issuance can be in one of the three ways:

• In person at the Consulate 

The alien can go to the U.S. consulate (preferably the one that issued the original visa) and present documentation that all of the pertinent facts regarding the treaty enterprise remain the same. The forms and procedures are the same as those for the original visa issuance.

• By mail to the issuing consulate 

A new visa can also be obtained by mail from the consulate that issued the original visa. This procedure requires no special explanation or supporting letter; the applicant simply sends the other documents specified with regard to obtain visa issuance. Many person are reluctant, however, to send their passports through international mail, and few persons use this method of revalidation.

• Through the Visa Office in Washington, DC 

Aliens seeking renewed H-1B visas may obtain them through the Visa Office in Washington, D.C. ,if they are currently maintaining valid H-1B status and they were previously issued an H-1B visa prior to admission to the U.S.. Visa reissuance through the Visa Office is not available to aliens whose status has been changed to the H-1B category after initial  admission to the U.S., because those aliens have not yet obtained a visa in the new category at a consulate. The pre-requisite for visa reissuance by the Visa is that the alien intends to travel out-side of the U.S. and will reenter with the new visa after a temporary absence abroad.

Visa reissuance through Washington, D.C. , requires that the following documents be sent to the Visa Office:

1. Passport ( valid for at least six months) for the principal and each family member. The passport must contain a previous E,H,L,O or P visa, and that visa must have no more than 60 days of remaining validity, nor have expired more than one year ago.

 

2. Form I-94 for the principal and each family member. The original Form I-94 must be submitted ,not a copy. If the I-94 has expired, a valid Form I-797A approval notice from the INS indicating the applicant's current employer and showing the approved extension of temporary U.S. stay for the principal and each family member.

 

3. Form OF-156 , the nonimmigration visa application (original, typed form; no photocopies). A separate  form must be submitted for each family member. The no immigration visa application should be completed in the same manner .

 

4. Form DS-157 . On January 111,2002, the U.S. Secretary of State announced the introduction of a new form. Supplemental Nonimmigrant visa Application(DS-157).It was announced that all male nonimmigrant visa applicants between the ages of 16 and 45,regardless of nationality and regardless of where they apply, must complete this new form,DS-157.The form must be submitted in addition to the usual Nonimmigrant Visa Application(DS-156),previously know as OF-156.

 

5. Passport -sized photograph for each applicant (regardless of age)

 

6. Letter of support form the employer. This letter must identify the applicant and describe in details the nature and function of the applicant's position, describe the kind of business and what it does, justify the need for the visa, and name the dependents, if there are any. The letter must be on the letterhead of the current employer, with an original signature from the company representative and must be addressed to the Visa Office, Department of State.

 

7. Filing Fee( if required of nationals from the alien's country on the basis of reciprocity). In the case of multiple applicants, payment of all reciprocity fees may be consolidated in one check but the reciprocity fee must be paid separately from the MRV fee.

 

8. $45 machine-readable visa (MRV) fee made out to the state Department.  Payment may be made by blank draft, money order, or corporate check made to the order of the" U.S. Department of State " cash or personal checks are not acceptable. The $45 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 MRV fee is additional to any applicable nonimmigrant visa applicant fee, and must be paid separately from that fee. A single check including both fees will not be accepted. In the case of multiple applicant, payment of all MRV fees may be consolidated in one check, and all reciprocity fees in another. The fee is nonrefundable, even if the visa cannot be issued.

 

9. A self -addressed ,stamped or pre-paid envelope. The State Department follows the Post Office recommendation that passports be mailed in padded, self-addressed postage-paid envelope. The State Department, Federal Express has two daily pick-ups at the State Department.

The Visa Office has two addresses for filling visa revalidation applications. One address is for postal service and the other is for courier service. Visa reissuance papers submitted through the Postal Service should be sent to the Following address:

U.S. Departmental of State/Visa
P.O.Box 952099
St .Louis ,MO 63195-2099

Visa reissuance papers submitted through a Courier Service should be sent to:

U.S. Department of State/Visa ( Box 2099)
1005 Convention Plaza
St. Louis,MO 63101-1200

The address to correspond regarding prior refusal of visa revalidation application to:

Department of State, CA/VO/P/D
2401 E Street, N.W., Room L-701
Washington, D.C. 20522-1016

The fax number to reach the visa revalidation office is:(202) 663-1608.

Note that the State Department will not reissue a nonimmigrant visa if the applicant has a preference petition or a labor certification application with a priority date that is within 6 months of being current-i.e.., an immigrant visa will be available to the alien within 6 months of the date of reissuance is sought. Thus ,reissuance cannot be sought after the permanent residence process is commenced through filing of a labor certification application ( for most job-offer cases) or preference petition ( for family-based or Schedule A job-offer cases), if the priority date is within six months of being current.

Therefore , if Item #31 of the nonimmigrant visa application form is answered yes with regard to an immigrant visa petition or a labor certification application, additional in-formation should be supplied including:

• The Status of the petition or application

• The date and place of filing the petition or application

• The preference for which the petition was filed

• A copy of the Notice of Approval of the petition from the INS, if any

The reissuance process can take from one to four weeks, depending on the time of year. Reissuance around holiday periods, such as the end of December and during the summer, take the longest, usually four weeks, and sufficient advance planning is necessary in these circumstances. Additional information concerning visa reissuance may be obtained by calling (202) 663-1213. State Department personal are available daily, except weekends and holidays, between the hours of 2.00 PM and 4.00 PM (Eastern Time). A recording provides general information at all other times. Question may also be submitted by fax at (202) 663-1608

For further information, send your query to Aparna Davé.