Nonimmigrant Visas

Q6. What documents do I need to present to the Consular Officer at my visa interview?

A6. It is not possible to specify the exact documents you should present, since applicant circumstances and visa classification requirements vary. Please click here for basic documents required for all nonimmigrant visa applicants.

For more guidance on various categories of nonimmigrant visas, please click here.

Q7. I suspect my U.S. employer is not complying with U.S. Labor regulations regarding wages, work hours and related issues [e.g. they ‘benched’ me or are paying me less than specified on the Labor Certification Application (LCA)]. What can I do?

A7. You can and should report employer violations of the H1B program directly to the U.S. Department of Labor’s Employment Standards Administration (ESA).

Q8. What is a Form I-134 (Affidavit of Support)?

A8. We ask that U.S. sponsors of nonimmigrant visa applicants complete a Department of Justice Affidavit of Support known as Form I-134, which should be submitted at the time of the applicant's interview with a Consular Officer. If you are completing the form on behalf of a nonimmigrant visa applicant, please ensure that you complete all the questions and leave no blank spaces, sign the form and notarize it in the United States or at a U.S. Diplomatic Mission overseas.

Q9. How long will it take to get a nonimmigrant visa?

A9. Please allow 6-8 working days from the time you are interviewed to receive your passport and visa, which will be returned to you by courier.

Q10. Should I carry original documents or photocopies?

A10. You should carry originals and one photocopy of all your submitted documents.

Q11. How long can I stay in the U.S. on a tourist or business visa?

A11. A U.S. nonimmigrant visa grants you permission to travel to a Port of Entry (airport/seaport) in the United States. When you arrive at your destination Port of Entry, the U.S. Immigration Inspector who processes your entry will determine the length of time that you may remain in the country during this visit. You may travel to the Port of Entry during the validity of your nonimmigrant visa up to and including the last day. The visa duration does not determine the length of time that you may remain legally in the United States; only the Immigration Inspector can decide this upon your arrival in the United States.

Q12. I need to renew my recently expired nonimmigrant visa. What should I do?

A12. A U.S. nonimmigrant visa cannot be renewed. You must apply for a new visa to replace an expired one. You may schedule an appointment for a personal interview here.

Q13. I still have a valid U.S. nonimmigrant visa but my Indian passport has expired. Can I transfer this visa to my new passport?

A13. No. If you are holding a valid U.S. nonimmigrant visa in an expired Indian passport, you may carry both your expired and new Indian passport together and travel between India and the United States until the nonimmigrant visa expires. You do not need to obtain a new nonimmigrant visa.

Q14. I overstayed in the U.S. during my last visit and I am reapplying, what must I present during my interview for a new visa?

A14. It is illegal to overstay in the U.S. unless you have obtained lawful permission from the USCIS. This is reflected on Form I-797 (Notice of Action), determining that you were granted permission to remain legally in the U.S. for an extended period on your nonimmigrant visa. You must present a Form I-797 Extension of Status Approval Notice during your subsequent visa interview.

Q15. What do I have to do if I have lost or misplaced my Indian passport with a valid U.S. visa?

A15. A U.S. nonimmigrant visa is a valuable document. Please notify the U.S. Consulate immediately if you have misplaced your passport and lost your visa. You would need to obtain a new nonimmigrant visa by applying for one at our Office. At the time of your application please present the Police First Incident Report (FIR) from the Police precinct where the passport was lost in India or overseas as well as a photocopy of the lost Passport and valid U.S. visa, if possible.

Q16. I was refused a U.S. visa under Section 214(b). How do I reapply?

A16. If you have been refused a U.S. nonimmigrant visa under Section 214(b), you must demonstrate a significant change in your circumstances or present compelling new evidence to an adjudicating Consular Officer at a subsequent interview in order to be granted a visa. You may reapply for a nonimmigrant visa after three working days have passed since your last application. There is no limitation on the number of times you may apply for a nonimmigrant visa.

Q17. When I was last in the U.S. I changed my status from one classification [e.g. Student (F1) or Temporary Worker (H1B)] to another. Do I need a new nonimmigrant visa?

A17. Yes! If you have changed your status you must also present evidence that you did so lawfully by providing USCIS Form I-797 (Notice of Action) for Change/Adjustment of Status to the Consular Officer at the time of your visa interview.

Q18. How early should I apply for my Student (F1 or M1) visa?

A18. We encourage you to apply early for your Student nonimmigrant visa to ensure that we can get you on your way in a timely fashion. During the summer season (April to September) you may apply at any time prior to the start date of your classes. During the rest of the year, you may apply up to 120 days prior to your start date.

Q19. I have received my Student visa, when should I travel?

A19. Students (F1 or M1) and Exchange Visitors (J1) may travel within 30 days of the commencement of the course of study stated on your I-20/DS-2019, respectively – regardless of how early your visa was issued.

Q20. I am planning to "stopover" in the U.S. en route to my final destination (e.g. Canada, Latin America, Caribbean) should I apply for a Tourist (B1/B2) or Transit (C1) visa?

A20. If you intend to visit the United States for any length of time, you should obtain a B1/B2 visa which grants you permission to appear at a Port of Entry for the purpose of entering to visit the United States. If your visit to the U.S. is strictly incidental to your travel to a third country, you may apply for a Transit (C1) visa.

Q21. My H1B Employment Petition (USCIS Form I-797) shows an employment start date of October 1, 2006 (or any other date), how early can I apply for an H1B visa at the Consulate?

A21. You may apply for an H1B visa  as soon as you receive the Form I-797. However your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797, unless you are already working on an H1B visa and have applied for a revalidation.

Q22. I am applying for an F1/H1B/J1/L1 visa and I would like my spouse to travel with me, can he/she apply for a dependant visa (F2/H4/J2/L2) at the same time that I do or must they wait until my visa has been issued?

A22. Dependant spouses (and children) may apply for their visas either at the same time that you do or subsequent to your visa interview.

Q23. Your Application Form "DS-156"requires that I indicate a home
address in Q15. What should I write?

A23. If you are a returning F/H/J/L applicant and have a rented/own an apartment/house in the US, please provide your US residential address and telephone numbers (home, business and mobile).

First time applicants need to provide us with their current residential address -  which does not necessarily have to be their permanent address or the address stated in their passport.

Q24. Your Application Form DS-156 requires that I indicate my present
occupation in Q21. What should I write?

A24. If you are employed you should write your functional designation (e.g. IT Analyst, Director, Medical Doctor) and not the generic "service". If you own or operate a business, please indicate if you are the Proprietor or Partner.

Q25. What address should I provide in Q24. in DS-156 and Q8. in DS-157?

A25. Please provide us with the U.S. address where you will be staying during your visit to the U.S. If you are going on vacation (B1/B2 visa), please indicate your Hotel’s name, address and telephone number or your U.S. host family’s residential address. If you are a student (F1 visa), this response might include your expected dormitory address or if this is not known, your International Advisor/University campus address. If you are employed in the U.S. (H1B or L1) and maintain an apartment in the U.S., please provide that address and telephone number.

Q26. My application was "held pending" under Section 221(g) what do I need to do to complete the application process?

A26. Your visa was not issued for administrative reasons (e.g. requirement of certain aditional documents, non-payment of SEVIS Fee by F1 applicants, requirement of a new passport to replace a damaged passport submitted). The Consular Office will provide you with a letter detailing the required action and also indicate when you can return to the Consulate to complete the visa application process.

Q27. How do I answer Q26. in DS-156 "How Long Do You Intend To Stay In The U.S.?"

A27. It is important that you answer this question truthfully. This question asks you how long you intend to be physically present in the U.S. and not how long you want a nonimmigrant visa to be issued for. The U.S. Consular Officer will decide the duration of a nonimmigrant visa after your personal interview is completed.

Q28. My application was refused under Section 221(g) because of a missing document, which I am now able to present. How do I answer Q31. in DS-156?

A28. Your visa was not issued for administrative reasons (lack of documents, etc.) which is generally overcome by the submission of the document(s) requested. Please indicate "No" to the question.

Q29. What does Q36. on DS-156 mean "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf"?

A29. There are two types of U.S. Visas – nonimmigrant visas (NIV) and immigrant visas (IV). Nonimmigrant visas are granted to persons traveling for temporary purposes to the U.S. By completing Application Forms DS-156 and DS-157 you are applying for a nonimmigrant visa. Immigrant visas (IV) are granted to individuals intending to reside permanently in the U.S. and become lawful permanent residents and subsequently U.S. citizens. When answering Q36. in DS-156, we are asking you to indicate if anyone in the U.S. has applied for an Immigrant Visa on your behalf.

Q30. What should I enter in Q3. of DS-157, which asks for "Full Name (in Native Alphabet)"?

A30. You are required to write you full name in your mother tongue (e.g. Hindi, Bengali, Oriya).

Q31. I am retired. Do I still need to provide my previous employment details on DS-157 (Q12)?

A31. Yes.

Q32. I currently have a valid U.S. visa, do I need to be electronically fingerprinted at your office before I travel to the United States?

A32. No. You will be electronically fingerprinted at a Port of Entry on arrival in the U.S. If you are applying for a visa for the first time you will be fingerprinted at our office, during your appointment with a Consular Officer.


Q33. What do I do if my Indian passport is valid for less than 6 month at the time of the interview ?

Thank you for your interest in visiting the United States. We look forward to hosting you!