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If My Entry Plans Change After My Petition is Approved

This information applies to the following
visa categories:

H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in Exchange Programs
R - Religious Workers

Nonimmigrant Visas

Related Links:
Entering the U.S.
Temporary Visitor Home Page

 

If you intend to receive your nonimmigrant visa at a different U.S. Consular office (or, if you are from a visa-exempt country, enter the United States at a different port-of-entry) than is indicated on your petition approval notice, your employer (who filed the visa petition) must notify the U.S. Citizenship and Immigration Services (USCIS) of the change in your travel plans. (Visa exempt countries include Canada and some islands adjacent to the U.S.)

The USCIS will then notify the U.S. Consular office where you will be obtaining your nonimmigrant visa (or, if a visa is not required, the USCIS will notify the port-of-entry where you will enter the U.S.) that your petition has been approved. The U.S. Consular office (or port-of-entry) must receive this notification from the USCIS before you can receive the documentation necessary for entry into the U.S.

If you travel outside the United States and desire to re-enter the country, you should carry your original approval notice with you.

 

How Does My Employer (Who Filed the Petition) Notify the USCIS?

If a USCIS petition has been approved for you, your employer should file
Form I-824 (Application for Action on an Approved Application or Petition) including the correct fee, with the USCIS office that approved the original petition. Detailed information is provided in the instructions for Form I-824.

Forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive forms by mail. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations.   Please see the USCIS field offices for more information on USCIS office locations.

 

How Can I Check My Application Status?

Your employer should contact the
USCIS office where the application was filed, and should be prepared to provide specific information (see Checking the Status of My Case).

 

How Can I Appeal?

If your employer's application is denied, your employer will receive a letter that will tell your employer why the application was denied. Your employer may submit a motion to reopen or a motion to reconsider to the same office that made the unfavorable decision. By filing a motion, your employer is asking the office to reexamine or reconsider its decision. A motion to reopen must state any new facts that would support your employer's motion. Your employer may be required to submit affidavits or other documentary evidence in support of these new facts. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, see
Appealing the Denial of My Petition or Application.

 

HELP!

  • Or, call the national USCIS toll-free information service at 1-800-375-5283

  • In the U.S., the State Department's Visa Office may be contacted at 202-663-1225. You may also email a general inquiry to usvisa@state.gov. Be sure to indicate the general subject of your inquiry on the subject line (e.g., worker visa, exchange visa, etc.), and do not expect an immediate reply. You may also write to:

    U.S. Department of State
    Visa Services
    Washington, DC 20520-0113 


The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our
Terms of Use.


 
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