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Legal - Eagle - No drop-box facility for non-immigrant visa

Nandini P Nair informs that the drop-box facility has been suspended for non-immigrant visa applications

Dear readers, here is the latest news from the Immigr-ation Services:

A notice from the consulate in Chennai indicates that posts in India will soon end the drop-box procedure for non-immigrant visa applications. The last day for the NIV drop-box in Chennai was June 30, 2004. There is a special concession to the business community, members of the Chennai Business Executive Programme may continue submitting non-immigrant visa applications to TT Services under the normal BEP procedures until July 15, 2004.

As of July 16, all non-immigrant visa applications in Chennai will require an appointment for a personal interview with a consular officer. Any non-immigrant visa applications received by TT Services after close of business on July 15, 2004 will be returned so that the applicant may schedule an appointment for a personal interview.

The reason for ending the drop-box facility is that beginning in July 2004, US consular sections in India will start electronically collecting biometric data (scanning index fingerprints) from all visa applicants, except those travelling on official government business or who are under age 14 or over age 79.

The scanned fingerprint data collected at time of visa application will be compared with fingerprint scans at the US port-of-entry to prevent the use of US visas by impostors and by those wanted for criminal offenses.

This is a worldwide programme required by the US law and has already been impl-emented in more than 150 US consular sections. The US visa offices in Frankfurt, Brussels, San Salvador, and Guatemala were the first posts to begin this programme on September 22, 2003.

I had recently applied for my H1-B renewal and it was approved. The lawyer thr-ough whom I had applied mailed it to me but it got lost in the mail. Is there anyway I can get another card re-issued? How long would it take? Please advise.

—Saurabh Sinha

You will need to apply for a duplicate approval notice, this takes several months but it can be done, ask your lawyer to get started on the process.

I am a green card holder. I had left the US in November 2003 and plan to return in October 2004. I have been staying in India for these many months because my mother-in-law died and her affairs had to be looked into—my wife is her only issue. We have made an affidavit to that effect. Will there be any problem at the time of entry, after all we are returning within 365 days?

—Rohit Bhalla

Green card holders can travel outside the US for up to six months with no issue at re-entry, but from six months to one year, the port-of-entry can deny you entry.

In most cases they do not if it is within one year, but they can. You need to be ready with proof that your mother-in-law had died and that you needed to stay behind to take care of her affairs.

I am an Indian citizen and on an F-1 visa in the US. I want to know whether I can change my F-1 status to the H1-B before completion of my Masters degree there. I am a pharmacist and doing MS at a US university.

—S Ghanekar

You can change your status to H1-B even if you have not completed your Masters deg-ree as long as you have a four-year bachelor’s degree in the relevant field.

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

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