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WARNING: Current U.S. regulations require new security
clearance checks on certain foreign nationals applying for non-immigrant visas
to the U.S. These checks may be random, or they may be triggered by criteria
such as country of birth or citizenship, or field of study or research. If you
are from Cuba, Iraq, Iran, North Korea, Sudan, Syria or Libya, or your field of
study is listed on the Technology Alert List (found online at: http://foia.state.gov/masterdocs/09fam/0940031X1.pdf),
it is likely that you will be subject to an extended security check.
These checks can delay the visa application process by as much as two
to three months. Please plan accordingly if you need to travel outside
the U.S., and/or if you need to apply for a new visa.
If you travel out of the U.S. while you are in H status, you should have the
following documents in order to be re-admitted to the U.S.
- Passport valid 6 months into the future
- Letter from department Chair or Dean confirming current employment in same
position described in his / her H petition
- Recent check-stubs proving current employment at employer sponsor
- Copy of complete H-1B petition filed with the CIS
- Valid Form I-797 H Approval Notice (Request the top portion of this form
from the International Office. Please return this to the International Office
upon your return.
- If appropriate, original J-1 home residency I-612 Waiver Approval Notice
(only applies to former J-1 holders who were subject to the two year home
residency requirement)
- Valid H visa for re-entry to U.S.
If your H visa stamp has expired, you may be able to apply for a new H visa
by mail to Washington D.C. Please contact the International Office for
information on how to do this. If you do not have a valid H-1B visa, you will
need to go to the U.S. consulate (outside of the U.S.) to apply for the new
visa stamp.
WARNING: Whenever you apply to the U.S. consulate for a new
entry visa stamp, you always run the risk that your application may be denied.
It is not recommended that you apply for a visa stamp at a U.S. consulate in a
country of which you are not a citizen. If you are denied in a "third
country", you will be required to travel home from that country to apply
for the visa. You will not be allowed to come back to the U.S. first, even if
you have applied in Canada.
Documents for Visa Application
Non-immigrant H-1B visa applicants are normally required to submit the
following documentation to the U.S. consulate abroad:
- Valid passport
- Current passport-size photographs
- Valid Form I-797 H Approval Notice (Request the top portion of this form
from the International Office. You must return this to the International Office
upon your return to the U.S.)
- Copy of complete H-1B petition filed with the CIS
- If appropriate, original J-1 home residency I-612 Waiver Approval Notice
(only applies to former J-1 holders who were subject to the two year home
residency rule)
- Non-immigrant visa application forms, available from the U.S. consulate
abroad, or online at: http://evisaforms.state.gov/DS156_English.pdf
, and http://foia.state.gov/FORMS/visa/ds0158.pdf
In addition, if you are a male between the ages of 18 and 45, you
will also need to complete and submit the DS-157 form, available at the U.S.
consulate or online: http://foia.state.gov/FORMS/visa/ds0157.pdf
Automatic Revalidation of expired visas after travel to a contiguous
territory
After initial entry to the U.S., persons who have an expired non-immigrant
visa in their passport may re-enter the U.S. without obtaining a new U.S. visa
if their travel is solely to a contiguous territory (Canada or Mexico) and
their travel is for a period not exceeding 30 days. This procedure is known as
"automatic revalidation", and we will give you a citation of the
regulation that allows this, if you are planning to take advantage of it. For
travel to contiguous territory or islands adjacent to the U.S., travelers
should have, in addition to their passport and properly endorsed I-20 or
DS-2019, a valid Form I-94 (white card usually stapled to the passport, known
as the "arrival/departure record").
IMPORTANT NOTES:
- If you are a citizen of Cuba, Iraq, Iran, North Korea, Sudan, Syria or
Libya you are not eligible for automatic revalidation of your expired
non-immigrant visa.
- If you have applied for and been denied a new visa while out of the
country, you may not re-enter the U.S., even if your current visa is still
current.
- You may be required to have a visa from either Canada or Mexico to enter
those countries. The visa you have for the United States does not automatically
grant entry into these countries.
Canadian Consulate in New York:
http://www.cic.gc.ca/english/offices/missions/new%2Dyork.html
Mexican Consulate in New York:
http://www.consulmexny.org/
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