Linda44

My husbands H-1B renewal approval came through with I-94s for us (myself and son on H4s) to attach to our I-94s in our passports.
Our visas will expire March 3rd and if we want to leave the US we have to have an appointment at a US consulate abroad to get new visas before we return to the USA.

Son is travelling to the UK for 4 weeks in June (he's 16 and will be accompanied by my parents going to UK but flying back alone for the first time) so he will have to get an appt at the embassy in London.

Now we had half planned a holiday maybe to Mexico in the Spring, but are thinking this is a no go, as out attorney letter says (regarding getting a visa from a US embassy in a country where you're not a citizen)you should also be aware that the US consulate ,in its discretion, may delay or decline processing to adjudicate such a "Third Country National" application. If the consulate declines to adjudicate your application,you would need to apply for and obtain your visa at the US consulate in your home country prior to being admitted to the US.

Scuse my French, but WTflipping heck? Guess we won't be having a vacation outside the US until we get our Green cards.

Dreading telling our son he won't have a valid visa in his passpert when he leaves the US and that he has to go to the embassy with all the paperwork to make sure he can get back in

Flights are all booked at a ridiculous cost of $1200.

Just as an add on - I posted before that I had an approved GC petition from 2008. As I am a RN I had to go through a load of hoops before I was even allowed to sit the US RN exam and then get a US RN license, one of them being a visa screen via CGFNS (love them-not).Now my visa screen expires in April and I have to renew it at a cost of $375 .This includes resending to my college of nursing in the UK to get my training transcripts!

ian-mstm

No US Consulate is obligated to process a visa for a "third party national" (TPN). This is well established. That said, many US consulates - including Mexico and Canada - will process TPN visas. The trick is to call ahead and ask, and get an appointment.

Ian

scrubbedexpat099

Plenty of people have done it, Canada seems most popular.

If you think about it, it is quite logical.

Linda44

That's what I just said isn't it?
I don't want a TPN -I want the new H-1B and H4 visas.

My point was that really the only way to get the new visa is to go back to your country of birth.

Linda44

Rather not take the risk of ending up stuck in a foreign country with nothing Thanks!

Not logical at all that USCIS can't issue a visa in the US-especailly a renewal.
Clearly you haven't been in the situation.

DavidLemon

Lol - someone got up the wrong side of the bed today

lisa67

I have been in the situation a number of times and have renewed in Toronto and Vancouver.
It is logical as you still need to have an interview even for a renewal and they can still decline issuing the visa and therefore the US don't want you in their country if this happens.
I've been asked before by Canadian Border officers "do you have the funds to return to the UK if your visa renewal is denied?"

Orangepants

I had my visa stamped in Toronto - a very pleasant little trip. Short hop from Charlotte, stayed at the Strathcona - flew in Sunday night for Monday apt and flew home Thursday afternoon. Great shopping.

ian-mstm

Yes, I understand that.


And I'm telling you that's not true... because going back to your country of birth isn't the only way. Many people have arranged for new visas from Canada and Mexico... and your attorney is an idiot for suggesting otherwise.

Ian

Fred16

I maybe mistaken for H1/H4 in your scenario, but for L1/L2 we were told the following
For L2 to gain re-entry L1 must have valid visa ( not just extension ) and must travel WITH or AFTER L1 entry

Ie for you H1 expires March, H4 can not re enter unless H1 has visa actually issued and not the extension

If I am mistaken please forgive me.



Not leaving the US is a PIA when you have to use holiday time waiting for passports and the stress that generates. I got my H1 extended for 6 months and wanted to go back, but no point as would get grief on re-entry or even denied. Got to wait until later in the year for a three year extension

newXgate

The language from the lawyer is boilerplate, cover-their-ass language. Yes, there is a theoretical possibility that a consulate could deny your visa application and tell you to go to the London consulate. This usually happens if the non-UK consulate thinks that a decision needs to be deferred because it requires knowledge that only the UK consulate would have. I believe this is typically for cases where the decision to issue the visa requires consideration of a persons "ties" to their home country that require local knowledge to assess. In your case, home country ties are not an issue because issuance of the H1 visa does not require them to be considered.

In general for an renewal of a straightforward H1B case where the applicant has no prior immigration issues (ie overstays) I think it is unlikely that you would be told to go back to the UK unless there is something unusual or dicey about the H1 application. Remember that even if you go back to the UK to apply, there is still a small risk that the application could be denied or that you could be stuck for months in "administrative processing" if your husband has the same name as someone on the no-fly list. The only zero risk approach would be to not leave the US so long as you are on the H1 visa.

If you do decide to leave the US and apply for a visa, make sure you bring full documentation to support the application, including paystubs, W2's, education credential evaluation etc. Google "H1-B application supporting documents" for more information.

FWIW I renewed my H1 visa twice in the post 9-11 period, once in the UK and once in Tanzania. No problems either time. Of course, YMMV.

Noorah101

USCIS does not issue visas at all. Visas are issued by Department of State. A visa is a document allowing one to come to the US border and seek entry. A visa can only be issued from outside the USA. If a person is inside the USA, there is no need to obtain a visa (since they are already IN the USA, and not seeking entry to the USA).

USCIS issues a new I-94 with a new expiration date, which allows you to continue staying legally inside the USA, even if your visa expires.

Once you go outside the USA, you need a new visa in order to seek entry at the USA POE again.

Rene

zerlesen

I think part of the idea is that should (god forbid) your visa application be denied, it should happen at a time when you are outside the US, thereby reducing enforcement issues. (A terrible thought: from that standpoint, the illogical part is that one is allowed to remain within the US - and even work! - while a new H1-B petiton is processed.)

Alas, many of us have. It is what it is.

And many of us have also had visas issued in third countries. They're not obliged to issue the visa to you in Canada. But on the other hand, they're not obliged to issue it to you in England either.

scrubbedexpat099

A Visa is a document issued to enter a country, if you are here then you would not need one.

Linda44

It's illogical that you can stay in the US with no visa and continue to work,but if you leave for a vacation you risk the chance that they won't let you back in.

so the bit about the US not wanting you in the country is ....... what?

Out of interest, what happens if you say you don't have the money to return to the UK if your visa is denied?

And what happens if our son is denied the visa to come back into the USA?

It's illogical that you can't have an interview in the USA and get your visa.
For heavens sake you can get a UK passport in the USA but not a US visa in the USA!