How Do I Let INS Know My Travel Plans Have Changed?
Why Do I Need to Notify INS if my Travel Plans Change?
If you are travelling to the United States as a worker in the following visa categories, your employer will have filed a nonimmigrant visa petition in your behalf:
H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
The INS approval notice for your petition will designate the U.S. Consulate where you will obtain your nonimmigrant visa. If you are from a visa-exempt country, your approval notice will designate the port-of-entry where you are to enter the U.S, rather than a U.S. Consular office.
If you (the beneficiary of the petition) intend to cross the border at a different INS port-of-entry or receive your nonimmigrant visa at a different U.S. Consular office than is indicated on your petition approval notice, your employer (who filed the visa petition) must notify INS of the change in your travel plans.
Once notified, what INS will do depends on whether you do or do not need a visa:
- Visa Required: the INS will notify the U.S. Consular office where you will be obtaining your nonimmigrant visa that your petition has been approved. The U.S. Consular office must receive the notice of approval from INS before the U.S. Consulate can provide you with the documentation necessary for entry into the U.S.
- Visa Not Required: (e.g., Canadians and some residents of islands
adjacent to the United States), the INS will notify the port-of-entry
where you will enter the U.S. that your nonimmigrant petition has been
approved. The port-of-entry must receive this notification before the
port-of-entry can provide you with the documentation necessary for
entry into the U.S.
How Do I Notify INS if My Travel Plans Have Changed?
If an INS petition has been approved for you, your employer will need to file INS Form I-824 (Application for Action on an Approved Application or Petition) to notify INS of the change.
Your employer must file INS Form I-824 (Application for Action on an Approved Application or Petition), including the correct fee, with the INS office that approved the original petition. Detailed information is provided in the instructions for Form I-824.
How Can I Find the Status of My Application?
Your employer should contact the INS office where the application is filed. Your employer should be prepared to provide the INS staff with specific information about the application.
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 INS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.
Can Anyone Help Me?
If advice is needed, you or your employer may contact the INS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit.
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