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Nonimmigrant Visas

Frequently Asked Questions – H, L Visas

  1. What is a Petition?
    The largest categories of working visas (including H and L visas) require petitions to be filed with the United States Citizenship and Immigration Services (USCIS) (formerly the INS), by a company or organization in the United States.

    A petition is the process by which the USCIS determines that you meet the basic qualifications for a particular visa. For example, it is through the petition process that the BCIS determines you have the educational background or its equivalent to qualify as an H-1B "skilled worker".

    Petitions cannot be filed with the Consulate; they must be filed in the U.S.

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  2. Can a person a working visa [H-1B/L] transfer/change jobs?
    Yes. The United States Citizenship and Immigration Services has to be notified of any change in one’s employment status.

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  3. I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
    You must schedule a nonimmigrant visa appointment through VFS, our off-site interview scheduler. For more information on the application process, see the VFS website at http://www.vfs-usa.co.in.

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  4. Do I have to change my last name to include my spouse’s name in the passport?
    It is not mandatory for H4/L2 visa applicants to have the surname/name of the spouse entered in their passport when they apply for a visa at the American Consulate.

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  5. Can a person on a dependent visa work in the U.S.?
    H visa dependents are prohibited from working in the U.S. while in status on a dependent visa.  L visa dependents may work while in status on a dependent visa.


  6. What happens if a person on an H-1B visa is fired from his/her job?
    They have a short period of time to find a new job, and have it approved by the BCIS. Barring that, the person needs to return to India.