New Delhi: The recent denial by the US to grant re-entry to three Indian H-1B Visa holders has raised concerns among others planning to travel back home.
The H-1B Visa is a non-immigrant visa that allows employers in the US to temporarily employ foreign workers in specialty occupations. This visa does not guarantee entry or re-entry to the US. It only allows a holder to travel to a port of entry, airport or land border crossing, and request permission from a Department of Homeland Security (DHS) or Customs and Border Protection (CBP) inspector to enter the United States.
Experts on the subject say that such visa holders need to be very careful about dates and documentation. Even a minor oversight can lead to cancellation of the visa and deportation.
Normally, if the trip is for 30 days or less, a holder may be able to re-enter the United States using the expired visa stamp. This procedure is called Automatic Visa Revalidation and is available to non-immigrants with a valid (unexpired) admission stamp or paper Form I-94 and an Arrival/Departure Record, duly endorsed by the DHS.
However, to ensure a smooth entry into the US after a home visit, all documents need to be kept handy. These should include a recent letter from the employer confirming the continued employment of the visa holder, a photocopy of the H-1B Approval Notice (Form I-797), and a photocopy of the H-1B petition.
The passport also needs to be checked to make sure that the H-1B Approval Notice (Form I-797) and H-1B visa stamp have not expired. If the passport is set to expire in the next six months, it is better to renew it. If the visa stamp expires while the holder is away from the US, s/he must visit a US consulate for an interview and obtain a new H-1B visa stamp before attempting to return.
Some additional documents may also be required by an US Customs and Border Protection officer, such as the current, original employment offer letter issued and signed by the hiring unit. This must be printed on the hiring unit’s letterhead and must specify the job position title, duties, and salary.
Even after inspection of the documents, the entry stamp in the passport needs to be checked after it is returned by an immigration officer. If there is a mistake, it needs to be rectified immediately.
In case, all documents are in order, but the H-1B Visa is still cancelled, it would mean that some additional, unfavourable information about the holder has been added to the system.
When re-entering the US as a non-immigrant, a CBP assigns the visa holder an electronic Form I-94. This form confirms her/his legal entry to the US, immigration status, and authorized length of stay. This form confirms that the visa holder entered the US legally.
The visa holder needs to confirm that the electronic I-94 contains correct information by accessing the form online within 48 hours of re-entry to the US. It has to be confirmed that all details in the I-94 are correct, otherwise it could lead to problems later.
