Mission India

[nerdyIndian]

Mission India 6. We understand from our recent meetings with Chennai and New Delhi that due to normal rotation and the current hiring freeze, there will be a significant reduction in the number of officers at these posts starting in the summer of 2017. As a result, visa wait times are expected to increase significantly, though some of the backlog may be relieved by Consular Fellows and temporary staff. We have previously discussed the possibility of a new consular post in India. Is this under consideration at this time and if so, are there any updates to share? Wait times in India and worldwide typically increase during the summer months, primarily driven by higher seasonal demand. Officer rotation is usually only a minor factor. The Department will continue its practice of targeted use of temporary staff in support of visa operations. At this time there are no plans to establish a new visa processing post in India. 7. The Mission India U.S. Travel Docs website features this question: “I have a valid H-1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to the U.S. on the same visa or do I need to apply for a new visa? Can a person on a dependent visa work in the U.S.?” The site at http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13 provides the following answer: “In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. Further information can be found through the U.S. Customs and Border Protection.” This answer is inconsistent with the American Competitiveness in the Twenty-First Century Act (AC21), which provides that a visa holder can use a valid H-1B visa issued for previous employment with company A and an I-797 issued for a new position at company B to seek admission to the United States. Can the language on the ustraveldocs website be amended to reflect the correct procedure under AC21? Thank you for bringing this to our attention. 9 FAM 402.10-11(C) provides that an H-1B visa holder does not need to seek a new visa when there has been a change in their employer. Mission India has corrected the information on their website to reflect this.

[nerdyIndian]

full  doc 

https://travel.state.gov/content/dam/visas/AILA/AILA_Agenda_Spring_2017_QsAs_(2).pdf

[Bhai]

2 hours ago, nerdyIndian said:

Mission India 6. We understand from our recent meetings with Chennai and New Delhi that due to normal rotation and the current hiring freeze, there will be a significant reduction in the number of officers at these posts starting in the summer of 2017. As a result, visa wait times are expected to increase significantly, though some of the backlog may be relieved by Consular Fellows and temporary staff. We have previously discussed the possibility of a new consular post in India. Is this under consideration at this time and if so, are there any updates to share? Wait times in India and worldwide typically increase during the summer months, primarily driven by higher seasonal demand. Officer rotation is usually only a minor factor. The Department will continue its practice of targeted use of temporary staff in support of visa operations. At this time there are no plans to establish a new visa processing post in India. 7. The Mission India U.S. Travel Docs website features this question: “I have a valid H-1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to the U.S. on the same visa or do I need to apply for a new visa? Can a person on a dependent visa work in the U.S.?” The site at http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13 provides the following answer: “In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. Further information can be found through the U.S. Customs and Border Protection.” This answer is inconsistent with the American Competitiveness in the Twenty-First Century Act (AC21), which provides that a visa holder can use a valid H-1B visa issued for previous employment with company A and an I-797 issued for a new position at company B to seek admission to the United States. Can the language on the ustraveldocs website be amended to reflect the correct procedure under AC21? Thank you for bringing this to our attention. 9 FAM 402.10-11(C) provides that an H-1B visa holder does not need to seek a new visa when there has been a change in their employer. Mission India has corrected the information on their website to reflect this.

you can travel. i travelled without any issues