Interview Waiver Program

[kudesiya]

Hi,

I came to US in April 2012 on H4 visa. Then i got a sponser who sponsered my H1B, I worked for that employer for 6 months.
Later on I changed my Job and I joined a different company. I am working for my current employer since April 2013

I have H4 Visa stamped and have 2 H1B approved petition(First one for my Previous employer and the current one).

I am planning to visit to India, I know that I have to get my H1B Visa stampped, but Do i need to go for Interview or is it possible that i am eligible for Interview Waiver Program.

My Wife also changed her employer, but her last H1B is still Valid, She Stamping is also required for her. Is she eligible for Interview Waiver Program.
She has H1B stamped , but thats is from her prev Employer.

Regards,

[raghvi]

Hi,

I came to US in April 2012 on H4 visa. Then i got a sponser who sponsered my H1B, I worked for that employer for 6 months.
Later on I changed my Job and I joined a different company. I am working for my current employer since April 2013

I have H4 Visa stamped and have 2 H1B approved petition(First one for my Previous employer and the current one).

I am planning to visit to India, I know that I have to get my H1B Visa stampped, but Do i need to go for Interview or is it possible that i am eligible for Interview Waiver Program.

My Wife also changed her employer, but her last H1B is still Valid, She Stamping is also required for her. Is she eligible for Interview Waiver Program.
She has H1B stamped , but thats is from her prev Employer.

Regards,

IWP is not applicable if your orginal petitioner is different from your current one i.e. if you have changed job/done a transfer. Example, if your H1 visa was stamped for company A, and has expired and now you are working for B then you are not eligible for IWP.

One of the eligibility criteria for H1 is :
"•Temporary workers on H1-B visas returning to work for the same petitioner where the visa is still valid or has expired within the last 12 months "

If you never had a stamped H1 visa you certainly would have to get one.

As for your spouse, even if she changed her employer she need not go for a fresh stamping as long as her return date is before her visa expiry date. When she returns to US she should show the newest petition at the POE and get I-94 matching that.

If she intends to travel after visa expiry date she would need to go for visa interview and would not be eligible for IWP as she changed job.

This is my opinion not legal advice.

[Amit Jain]

Need URGENT HELP

I completed my DS-160 (for my H1B extension with say, XYZ company), paid visa fee and
while scheduling an appointment, I came across Interview Waver Program.
As per my knowledge, I am eligible for this program.

I just have one clarification/doubt that I would like to be 100% sure
before proceeding ahead with the Waver Program.

For Reference I would like to copy the Eligibility criteria that I would
like confirmation on:
• *If I am applying for an H or L (individual) visa, my prior visa in the
same classification with the same petitioner is still valid or expired
within the last 12 months. Note: Blanket L1 visa applicants do not qualify,
but Blanket L2 spouses are eligible.*

*Question*: My prior visa is in the same classification (i.e. H1B) with the
same petitioner (say XYZ) and expired in July 2013.
I am in the same job, same role, same organization (i.e. XYZ) and same location.
BUT, in my prior I-797, my petitioner is mentioned as "XYZ Corporation Inc"
and in my H1B extension I-797, my petitioner is mentioned as "XYZ Inc".

As per my attorney, both XYZ Corporation Inc and XYZ Inc. are the
same company but they have different FEINs.

So, my question is would it be considered as same petitioner or a new petitioner scenario?

[raghvi]

I completed my DS-160 (for my H1B extension with say, XYZ company), paid visa fee and
while scheduling an appointment, I came across Interview Waver Program.
As per my knowledge, I am eligible for this program.

I just have one clarification/doubt that I would like to be 100% sure
before proceeding ahead with the Waver Program.

For Reference I would like to copy the Eligibility criteria that I would
like confirmation on:
• *If I am applying for an H or L (individual) visa, my prior visa in the
same classification with the same petitioner is still valid or expired
within the last 12 months. Note: Blanket L1 visa applicants do not qualify,
but Blanket L2 spouses are eligible.*

*Question*: My prior visa is in the same classification (i.e. H1B) with the
same petitioner (say XYZ) and expired in July 2013.
I am in the same job, same role, same organization (i.e. XYZ) and same location.
BUT, in my prior I-797, my petitioner is mentioned as "XYZ Corporation Inc"
and in my H1B extension I-797, my petitioner is mentioned as "XYZ Inc".

As per my attorney, both XYZ Corporation Inc and XYZ Inc. are the
same company but they have different FEINs.

So, my question is would it be considered as same petitioner or a new petitioner scenario?

When in doubt always opt for Visa interview. Even if one is eligible for a IWP the consulate can still call the person for interview, they are not bound to not call you if you satisfy all the requirements.

This is my opinion not legal advice.

[gopiindian86]

Interview Waiver program - Drop Box Eligibility

Hi,

My visa got expired on 03-March-2013. I am going to vacation to India with extended I-797A valid for next one year. I will be reaching India on 07-March 2014.

I meet all the criteria for "Interview waiver program - Drop Box" except for the last one.

Is the 12 months cut off is considered till the date of appearence at the consulate office or the date when I submit DS160.
Because there is only 4 days difference to be eligible for the waiver program.



"If I am applying for an H or L (individual) visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months. Note: Blanket L1 visa applicants do not qualify,but Blanket L2 spouses are eligible."

Thanks,

[raghvi]

I would say the date of the interview.

This is my opinion. Ot legal advice.

[gopiindian86]

I would say the date of the interview.

This is my opinion. Ot legal advice.

So Do i need to go through the standard interview process? I think i should have planned my travel a week in advance :-(
I heard there are some cases where we need to give only OFC and not does not require PAI. Please advice.

[chandugr]

H4 stamping - Interview Waiver Program

I am on H1B and I changed company. My wife is going to India and her H4 visa will expire before return date. She needs to get h4 visa stamping done. To be eligible for IWP prior visa should be in the same classification with the same petitioner. When I checked my wife's I-797 under Petitioner name it is showing her name itself. For my I797 petitioner is showing my company name. If for my wife petitioner is herself then it will be with same petitioner and same classification. Then my wife is eligible for IWP?

Thanks

[raghvi]

Hi,

I came to US in April 2012 on H4 visa. Then i got a sponser who sponsered my H1B, I worked for that employer for 6 months.
Later on I changed my Job and I joined a different company. I am working for my current employer since April 2013

I have H4 Visa stamped and have 2 H1B approved petition(First one for my Previous employer and the current one).

I am planning to visit to India, I know that I have to get my H1B Visa stampped, but Do i need to go for Interview or is it possible that i am eligible for Interview Waiver Program.

My Wife also changed her employer, but her last H1B is still Valid, She Stamping is also required for her. Is she eligible for Interview Waiver Program.
She has H1B stamped , but thats is from her prev Employer.

Regards,

Both of you not eligible for Interview Waiver. You never had a H1 stamped in passport, and your spouse changed employer.

This is my opinion not legal advice.

[pradeepks04]

H1B - VISA Interview Waiver Program

HI,

I am visiting India on Jan - 11 - 2015.

I need a clarificatiion regarding the last point in the Interview Waiver program checklist.

If I am applying for an H or L (individual) visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months. Note: Blanket L1 visa applicants do not qualify, but Blanket L2 spouses are eligible. "

As per the date which is available on my stampped VISA expire date is 12/31/2013. After this i got my VISA renewed from 01/01/2014 to 12/31/2014, but this date is not avaialble in my passport since i have not visited indian after the renewal.

Is the 12 months considered based on the expiery date on the stampped VISA or the latest renewal documents?

If the expiration date (12/31/2013) is considered from my stampped VISA then it will be more than 12 months since i will be visiting india in JAN.
If the expiration date (12/31/2014) is considered from my latest renewed petetion then it will be less than 12 months.

Please let me know if i still eligible for the “Interview Waiver Program”.

[raghvi]

HI,

I am visiting India on Jan - 11 - 2015.

I need a clarificatiion regarding the last point in the Interview Waiver program checklist.

If I am applying for an H or L (individual) visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months. Note: Blanket L1 visa applicants do not qualify, but Blanket L2 spouses are eligible. "

As per the date which is available on my stampped VISA expire date is 12/31/2013. After this i got my VISA renewed from 01/01/2014 to 12/31/2014, but this date is not avaialble in my passport since i have not visited indian after the renewal.

Is the 12 months considered based on the expiery date on the stampped VISA or the latest renewal documents?

If the expiration date (12/31/2013) is considered from my stampped VISA then it will be more than 12 months since i will be visiting india in JAN.
If the expiration date (12/31/2014) is considered from my latest renewed petetion then it will be less than 12 months.

Please let me know if i still eligible for the “Interview Waiver Program”.

Visa and petition are two different things. It clearly mentions Visa and not petition, so if you plan to attend before 12/31 and have not changed employer you can potentially qualify for the interview waiver. Also, do understand that even if one qualifies for interview waiver, consulates always have the right to call you for an interview.

This is my opinion not legal advice.

[VG100]

Are Most Recent and Previous Visa two different things for Drop-Box eligibility?

Hi,

I think I qualify for the Drop-Box renewal for my most recent H1b based on the details at http://www.ustraveldocs.com/in/in-niv-visarenew.asp but following statement is what I am not sure about:

"I have a previous U.S. visa in the same class as the visa for which I wish to renew;"

My most recent visa is in the same class but not the visa prior to that. i.e. I was on L1b till April 2013 and then got my new H1b stamped in India in December 2013 which is expiring in Dec 2014. Got the extension for my H1b and I need it stamped on my passport on my next travel to Ind. So, the previous visa in this case would be my most recent H1b or do they mean to say that L1b I had prior to most recent one should have to be in the same class as most recent visa for me to qualify?

Thanks in advance for your valuable inputs on this.

Thanks!

[jateshs1007]

Documents needed and time period

Hello,

I would appreciate if anybody cane help me with my question.
1.) what documents are to to submitted if we opt for "Interview Waiver Program - Drop Box" . I met all criteria but couldn't find document list to be submitted in drop box.

2) Also, How much time procedure take to get final status of visa? Is drop Box recommended?


Thank you !!

[monu2k4]

Interview Waiver Program Eligibility

Hello,

Got have a question regarding the IWP eligibility

i Changed my employer 6 months back & Ex - employer revoked the H 1 B visa.
So my current Employer holds my H1 Visa.

Am i eligible for IWP in this condition ?

i am going to India this month

[shervin143]

Employer cannot revoke the H1B visa. They can only withdraw the H1B petition. Changing employer is no longer a criteria to determine IWP. Check the below link to figure out if you are eligible for IWP.

https://www.immihelp.com/us-visa-interview-waiver-visa-renewal/

Hello,

Got have a question regarding the IWP eligibility

i Changed my employer 6 months back & Ex - employer revoked the H 1 B visa.
So my current Employer holds my H1 Visa.

Am i eligible for IWP in this condition ?

i am going to India this month