Who can apply for a V visa?

Nandini P. Nair is a US Immigration Attorney based in Stamford, USA. E-mail: dininair@aol.com

US Immigration Attorney Nandini Nair says that a V visa can be obtained after three years of filing a F2B petition

My father is a green card holder and he has filed my green card petition under the F2B category (unmarried son and daughters of green card holders). He had filed the petition with the INS on August 7, 2000. I have heard that if the F2B petition has been with the INS for three years, you can obtain a pre-visa. It is called the V visa. Is this true?

- Sriram Iyer

In order to qualify for a V visa, a green card petition must have been filed with the INS before December 21, 2000. The applicant must also establish that either: (1) The petition in the applicant’s name has not been processed or reviewed for three years or more since the date of filing. (2) If the petition has been approved, three years or more have passed since the petition was filed and either no visa number has been given because of the world-wide or per country numerical limitation, or even though a number is available the application for adjustment of status in the US or visa application still remains pending. The National Visa Centre (NVC) will send an information/instruction sheet to those applicants with INS-approved F2A petitions that were filed on or before December 21, 2000, when the priority date is at least three years old. The information sheet will briefly outline the documentary requirements for the V visa and instruct the applicant to contact the consulate. So, for now, there is nothing you have to do, you will have to wait to be contacted by the National Visa Centre, probably after August 2003, to start the V visa processing.

My cousin is getting married to a green card holder. How long would it take for her green card to come through? Can she apply for a B1, F1 or H1-B visa, while her green card is under process?

- Manoj Rao

The current processing time for a spouse of a green card holder is five to six years for Indian nationals. The other alternative would be to apply for a non-immigrant visa such as F-1, H1-B, etc, which will allow her to join her husband while the green card is being processed.

I will be going to the consulate next week for stamping. My employer has agreed to offer me a salary of $45,000 per annum, but along with other documents he has given me a LCA, ranging from $45,000 to $70,000. Can I submit that LCA to the consulate?

- Ajit Nishar

It is perfectly okay on the employer’s part to give a range in salary as long as you are being offered the “minimum salary” stated on the LCA. You can submit the LCA along with the other INS documents for stamping. The main purpose of the LCA is that if your wage is increased and falls within this range, your employer does not need to apply for a new LCA for you.

A US consultant had filed my H1-B application and my case was approved on March 7, 2001. However, due to lack of projects, the company was not in a position to send me the papers and take me in. One my friends has just received an H1-B. The approval notice stated the period of approval from January 2001 to January 2004. He then went for H1-B stamping and received the same approval period as stated in the notice, i.e. January 2001 to January 2004. Does it mean that the date mentioned in the approval notice would remain the H1-B validity date? If this is true then my doubt is: Will I lose a year and a half if the company decides to take me in?

- Rahul Patel

Even though the visa may be stamped with the date that is stated on the H1-B approval notice, you will not lose the maximum six-year limit given for H1-B visa holders. The six-year clock does not start running until you physically enter the US. Your employer will have to file an extension of your H1-B status and request an additional period of three years or so until six years are completed from the date you first enter the US.

My relative in the US informed me that there is a new online computer appointment system at the US consulate in India. Is this true and does it apply to the Chennai Consulate? Please let me know since I will be applying for my H1-B stamping in April.

- Ravi Ramachandran

Yes, there is a new online system for scheduling appointments. On February 13, 2002, the American Consulate, Chennai, introduced a Web-based appointment system for non-immigrant visa applicants. Qualified non-immigrant visa applicants will be able to schedule appointments for visa interviews via the Internet, at www.ttsvisas.com. For applicants not eligible to use the ‘Drop-Box’ or ‘Business Express’ programmes, advance appointments have become mandatory with effect from March 4, 2002. This website is maintained by TT services under instructions from the Chennai Consulate and no additional fee will be levied for the appointment. This system is already in use at the American Embassy in New Delhi and at the American Consulate in Mumbai. The American Consulate in Chennai states that they are introducing this system as part of its on-going effort to improve the quality of customer service provided to South Indian visa applicants.