Changes to Work Visas

Milko_Djurovski

Registered Users (C)
http://www.cnn.com/2004/US/06/23/us.workers.visas.ap/index.html

I am not 100% sure what visas are covered or how this will work (you renew an H1B abroad, home or Mexico/Canada), but it might be yet another consequence of the lawsuit filed. In other words, no changes in the process will be made, but the work visas will be a combined burden of State Dept. and DHS, with a heavy accent on State Dept.

Possibly, freeing up some folks here to do green card applications...

So, WE (I-485) applicants might have won a small battle, but only at the cost of the H1B folks. Anyone else see this differently?
 
Do we need to make a trip abroad for every year H1-B Extn ??
Can some one clarify ????
Thanks in advance ..
 
New policy

It is a DOS policy. It has nothing to do with AOS in the US.

http://www.immigration-law.com/

06/23/2004: State Department Official Announcement of Termination of Visa Revalidation as of July 16, 2004

Today, the U.S. Department of State announced that the Department will cease the visa revalidation services after July 16, 2004. To be processed, applications must be received (not postmark) by the Department's application acceptance facility in St. Louis by July 16, 2004. We previously reported that it would terminate on July 6, 2004. We stand corrected on the termination date. For the announcement, please click here. State Department also states that any response to the RFE must be received by September 30, 2004. Read on.

http://www.murthy.com/news/n_deptst.html DOS policies

http://www.travel.state.gov/revals.html

U.S. Says Many Foreigners Must Leave to Renew Visas

Wed Jun 23, 6:58 PM ET

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WASHINGTON (Reuters) - Thousands of foreigners who work in the
United States will have to go to U.S. embassies abroad to be interviewed
and fingerprinted when they need to renew their visas under a U.S. policy
announced on Wednesday.

Previously the people, who include entertainers, athletes, journalists,
investors, executives and skilled and unskilled temporary workers, were
allowed to renew their visas by mail.

The State Department said it would stop accepting applications for mail
renewals of the visas on July 16.

The State Department said the new policy, part of the U.S. effort to
tighten border controls after the Sept. 11, 2001, attacks, was to ensure
that people applying for visas to the United States are interviewed and
fingerprinted.

The State Department said the new requirement will apply to holders of
"E," "H," "I," "O," "L," and "P," visas. It will not apply to foreign diplomats
or people who work at international organizations like the United Nations
(news - web sites).

The U.S. policy of fingerprinting most foreigners who visit the United
States has prompted protests from some countries and the new policy
on visa renewals could annoy companies who may have to pay for their
employees to go abroad to be processed.

U.S. officials said they did not have statistics on how many foreigners
work on such visas or how many of their family members live with them
but it amounts to hundreds of thousands of people. In fiscal 2001, which
ended on Sept. 30, 2001, more than 500,000 such visas were issued,
one U.S. official said.

State Department spokesman Richard Boucher said the department
processed more than 50,000 such renewal applications last year. The
vast majority of people who filed those -- all but diplomats and workers at
international organizations -- will now have to go abroad for processing,
although not to their home countries.

Boucher said those who come to the United States on such visas may
stay as long as is determined by Homeland Security officials at their
point of entry and, in many cases, indefinitely.

Officials said the person's length of stay is often set for their "duration of
status" -- meaning journalists who enter the country on an "I" visa for
journalists can stay indefinitely if they continue to work as a journalist.

However, if they wish to leave the United States and the visa that
permitted them to enter has expired, they must go to a U.S. Embassy
abroad and apply for a new visa to return.

Boucher said there were no plans to create an office in the United States
to handle renewals, saying embassies were best placed to do the work.
"We want to do interviews. We want to do fingerprints. We're best set up
to do that overseas," he said.
 
It has nothing to do with backlog reduction case. They stopped the postal revalidation because from Oct 1, all visas issued will be biometric. That means, digital copy of your fingerprint and i think digital photograph will be stored. Hence the physical presence.
 
nagpurichokra said:
It has nothing to do with backlog reduction case. They stopped the postal revalidation because from Oct 1, all visas issued will be biometric. That means, digital copy of your fingerprint and i think digital photograph will be stored. Hence the physical presence.

Still, when they say holders of "H" visas, do they mean just the ones that have obtained an H1B abroad or all? In other words, do you have to leave the country to renew your H1B?

My point was not that this is directly related to AOS, but if the revalidation is done, as I am reading, in embassies, doesn't that mean that that workload is now not the responsibility of the ASCs?
 
Milko_Djurovski said:
Still, when they say holders of "H" visas, do they mean just the ones that have obtained an H1B abroad or all? In other words, do you have to leave the country to renew your H1B?

My point was not that this is directly related to AOS, but if the revalidation is done, as I am reading, in embassies, doesn't that mean that that workload is now not the responsibility of the ASCs?
Visa Revalidation was not done by Service Centers or ASCs (application support centers aka your local uscis office). So this is not going to help AOS or other type of applicants at SCs.
 
dazzling said:
Visa Revalidation was not done by Service Centers or ASCs (application support centers aka your local uscis office). So this is not going to help AOS or other type of applicants at SCs.

OK, I guess I might be confused here, but Cinta's article speaks of "renew" and renewing. Can you explain how validation is different?

I still think this impact the work visas, as the article clearly states above, including the comment about the companies being not happy about paying the fees to leave the country and get another visa.

In other words, since the process is now biometric, all the renewing work visa applicants have to leave the country and perform this at an embassy.

Do you read it differently?
 
I am quite sure it does not apply to H1 renewals. It only applies for visa revalidation. The service centers can still renew the H1 inside the country like they do before.
 
Milko_Djurovski said:
OK, I guess I might be confused here, but Cinta's article speaks of "renew" and renewing. Can you explain how validation is different?
Renewing is extending / transferring your visa .. like if your 3 years are up for your H1, you will file another extension for another 3 years. Or if you change a job, you will file for transfer etc

Validation is getting a new stamp in the passport so that you can travel. As long as you do not need to travel (which is unlikely), you can keep staying here without a valid visa but a valid I-94.

I still think this impact the work visas, as the article clearly states above, including the comment about the companies being not happy about paying the fees to leave the country and get another visa.
Yes, it impacts people who need to go out of US and do not have a valid visa stamp to come back. The only thing that I was saying is that since visa revalidation is not done by USCIS Service Centers, any changes to it (or in this case elimination of visa revalidation) will have no impact on back log reduction efforts.

In other words, since the process is now biometric, all the renewing work visa applicants have to leave the country and perform this at an embassy.
You are absolutely correct in this observation ... :)
 
hi dazzling,

I have a question on this I-94.
say if my 6 years of visa expires in september 2004,duration of the H1 petition also expires in september 2004 and I-94 date of stay is also expires in september 2004 and when I apply for H1 extension now, then I think i can legally stay in US till the validity of my H1 extension.

in this case, I can able to stay on I-94 which is expired. but only thing is if I travel outside the country, then I ahve to get a visa stamping to enter.
if I dont want to travel, then I can stay in US till the validity of my h1 extension and I-94 expiration doesnt matter.

is that correct?

thanks for your reply.
 
love2002 said:
hi dazzling,

I have a question on this I-94.
say if my 6 years of visa expires in september 2004,duration of the H1 petition also expires in september 2004 and I-94 date of stay is also expires in september 2004 and when I apply for H1 extension now, then I think i can legally stay in US till the validity of my H1 extension.

in this case, I can able to stay on I-94 which is expired. but only thing is if I travel outside the country, then I ahve to get a visa stamping to enter.
if I dont want to travel, then I can stay in US till the validity of my h1 extension and I-94 expiration doesnt matter.

is that correct?

thanks for your reply.
When you will apply for the 7th year extension and you receive your extension, a new I-94 valid for the duration of your extension will be received with the extension approval notice. This is of green color. So on the basis of that, your status is valid and you can continue staying. However, if you go out of US, than you will have to surrender both your white I94 and the green I94 (which comes with the H1 Extension approval notice) and you will need to get a visa stamp to reenter (of course you can use a AP to reenter also .....)
 
6th, 7th..Year H1b Folks, can not validate their Visa Hereafter

By the time one year increment visa get approved, usually takes 8 to 9 months, folks have to go to home country and come back and renew again. Basically they may have validity 2 or three months in their passport. Any delay in this process in every year make some time loose the validity. However one can stay in USA without going out of US until keep thier I 94 (Bottom portion of H1B approvals)
 
1.if I-94 is expired,visa dates on the passport are also expired and if we are in the middle of h1 extension process (without getting the approval notice with the new I-94), could we legally stay in the country?
if something goes wrong with the h1 extension approval(denial),then we are out of status?

2.Also before how long can we apply for the h1 extension?
say if the h1 visa and the I-94 expires in december 2004, can we apply for the h1 extension now or we can apply only before 2 months?

please advice
thanks so much
 
I fully agree with dazzling.
Milko_D, you can read more here which is the site for visa revalidation (until July 16 that is!!):
http://travel.state.gov/revals.html
I had got my H1 visa revalidated last year through this process (when visa revalidaiton was taking 7 months at one point due to backlog!)
Visa renewal can be done while you are still in the job, usually the company applies 3 motnhs before expiration of your existing H1B visa. But as long as you don't travel you don't need a visa stamp and can continue to work on the extended H1B approval.
Basically H1B Approval "is not =" Visa
Visa is a stamp on your passport required for re-entering the country, whereas approved H1B is a UCIS document which cannot be used at the port of entry on its own.
silent
 
so if we are in the middle of the h1 extension process and h1 valid dates are already expired, then we are counted as out of status as per the new rule?
also visa on the passport also expired and the I-94 as well.
thanks for your reply
 
love2002 said:
so if we are in the middle of the h1 extension process and h1 valid dates are already expired, then we are counted as out of status as per the new rule?
also visa on the passport also expired and the I-94 as well.
thanks for your reply
NO. As long as you have a receipt notice from USCIS that they have received your application and it has not been adjudicated, you are good. Yes, if something goes bad and your application is rejected, you are out of status. Out of Status is counted from the day you receive your rejection letter (and not from the last day when you I-94 expired .. since you were waiting for adjudication on your application you are in status and can continue working ...).

Another thing I want to add, I have never heard a H1B Extension application being rejected (of course if your grounds of extension are incorrect it will get rejected). The same holds true if you are doing a H1B Transfer.
 
love2002 said:
2.Also before how long can we apply for the h1 extension?
say if the h1 visa and the I-94 expires in december 2004, can we apply for the h1 extension now or we can apply only before 2 months?

please advice
thanks so much
6 months before. So if your approval is valid till December 2004, you should be able to apply now (unless it is after december 28, 2004 .. in which case in another 2 or 3 days .... )
 
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