H-1B Extension Issue
Aug 29th 2012, 8:10 pm
#16
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: H-1B Extension Issue
The I-94s on the I797As are valid from 10/01/2012 to 9/30/2015.
Here's the latest.
Spoke to USCIS customer service.
First I called, as the beneficiary of the visa.
The customer service agent was evidently being prompted by a (presumably more experienced) co-worker in the background, but he seemed to suggest that the I-797A was confirmation of my legal status whilst in the country, but in terms of leaving and then entering the country, we would need visas in our passports. He suggested that any US Embassy would be OK for us to visit.
My employer, the petitioner for the visa application then called USCIS and they told him that the border officer should have used the 2015 expiration date for their stay, but they could not advise about issues regarding entry to the country as this was an issue for CBP.
We then called CBP, and they confirmed that because my wife and son left the country, they need a new valid visa in their passports.
We have now made the decision to get visas in our passports. Although my lawyer and the 2nd call to USCIS seems to suggest the visa isn't necessary, it's clear that having visas would eradicate the problem.
It's also clear that we need to leave the US before Sep 23 2012.
So the only question is whether we can do this in Nassau (we're in Miami so this is close by), or London.
I'm now trying to get more clarity on this issue.
The CBP customer service agent said the visa can only be done at the embassy of our home country (in our case London/UK) and not in the Bahamas.
I've not yet got through to the embassy in Nassau, but I am about to draft an email.
Whilst this would be the simplest option (it's not far, wait times seem to be minimal), I'm very concerned about what happens if anything goes wrong (how to know when to book a return flight?, being in Bahamas without our passports etc.)
The plot thickens, the blood boils...but trying to keep things in perspective and stay calm (despite son just going back to school)!!
Here's the latest.
Spoke to USCIS customer service.
First I called, as the beneficiary of the visa.
The customer service agent was evidently being prompted by a (presumably more experienced) co-worker in the background, but he seemed to suggest that the I-797A was confirmation of my legal status whilst in the country, but in terms of leaving and then entering the country, we would need visas in our passports. He suggested that any US Embassy would be OK for us to visit.
My employer, the petitioner for the visa application then called USCIS and they told him that the border officer should have used the 2015 expiration date for their stay, but they could not advise about issues regarding entry to the country as this was an issue for CBP.
We then called CBP, and they confirmed that because my wife and son left the country, they need a new valid visa in their passports.
We have now made the decision to get visas in our passports. Although my lawyer and the 2nd call to USCIS seems to suggest the visa isn't necessary, it's clear that having visas would eradicate the problem.
It's also clear that we need to leave the US before Sep 23 2012.
So the only question is whether we can do this in Nassau (we're in Miami so this is close by), or London.
I'm now trying to get more clarity on this issue.
The CBP customer service agent said the visa can only be done at the embassy of our home country (in our case London/UK) and not in the Bahamas.
I've not yet got through to the embassy in Nassau, but I am about to draft an email.
Whilst this would be the simplest option (it's not far, wait times seem to be minimal), I'm very concerned about what happens if anything goes wrong (how to know when to book a return flight?, being in Bahamas without our passports etc.)
The plot thickens, the blood boils...but trying to keep things in perspective and stay calm (despite son just going back to school)!!
The next time you leave you will have to hand over your I94's as you leave and will need to get a new visa before you will be allowed back in.
Aug 29th 2012, 8:17 pm
#17
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Thread Starter
Joined: Jun 2011
Posts: 37
Re: H-1B Extension Issue
The stakes are too high to take a risk so I'm definitely going to get visas.
Like I said the only question now is where.
Aug 29th 2012, 8:27 pm
#18
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Posts: 37
Re: H-1B Extension Issue
Just read this on the US Embassy Nassau site:
http://photos.state.gov/libraries/ba...s/TCNs_001.pdf
Confused even more now!
On the one hand it says if you're not a resident of the Bahamas you may have to wait weeks or months, but on the other hand it says it's OK if you previously had a visa issued in your home country.
http://photos.state.gov/libraries/ba...s/TCNs_001.pdf
Confused even more now!
On the one hand it says if you're not a resident of the Bahamas you may have to wait weeks or months, but on the other hand it says it's OK if you previously had a visa issued in your home country.
Aug 29th 2012, 8:33 pm
#19
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: H-1B Extension Issue
That sounds sensible, but it is NOT what the CBP officer said, nor is it what the CBP customer service agent said. They said she is only authorized to be in the US until Sep 23 2012 and being here afterwards is a violation.
The stakes are too high to take a risk so I'm definitely going to get visas.
Like I said the only question now is where.
The stakes are too high to take a risk so I'm definitely going to get visas.
Like I said the only question now is where.
It's your expense, so entirely up to you. There are hundreds of people here with expired visas in their passports but valid I94s and I797s
Aug 29th 2012, 8:39 pm
#21
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: H-1B Extension Issue
But why go to the expense and hassle of doing it now? You seem to be panicing over the time frame of getting visas and passports back as if it is a major inconvenience at the moment. Next time you leave the country, then go to the Embassy and get the visa renewal.
Aug 29th 2012, 8:42 pm
#23
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Joined: Oct 2007
Location: Charlotte,NC
Posts: 1,717
Re: H-1B Extension Issue
Just read this on the US Embassy Nassau site:
http://photos.state.gov/libraries/ba...s/TCNs_001.pdf
Confused even more now!
On the one hand it says if you're not a resident of the Bahamas you may have to wait weeks or months, but on the other hand it says it's OK if you previously had a visa issued in your home country.
http://photos.state.gov/libraries/ba...s/TCNs_001.pdf
Confused even more now!
On the one hand it says if you're not a resident of the Bahamas you may have to wait weeks or months, but on the other hand it says it's OK if you previously had a visa issued in your home country.
I wanted to go to Nassau to get my initial visa as I was living in Cayman but they told me no I couldn't get initial but come back for renewal so I went to Toronto but I was applying as a dependant of an O1 so not the beneficiary of the petition.
Aug 29th 2012, 8:51 pm
#24
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: H-1B Extension Issue
I was asking because you changed your argument from this reason, to the reason that you wanted to travel in and out of the country.
Aug 29th 2012, 9:07 pm
#25
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Posts: 559
Re: H-1B Extension Issue
The CBP customer service agent said the visa can only be done at the embassy of our home country (in our case London/UK) and not in the Bahamas.
I've not yet got through to the embassy in Nassau, but I am about to draft an email.
Whilst this would be the simplest option (it's not far, wait times seem to be minimal), I'm very concerned about what happens if anything goes wrong (how to know when to book a return flight?, being in Bahamas without our passports etc.)
I've not yet got through to the embassy in Nassau, but I am about to draft an email.
Whilst this would be the simplest option (it's not far, wait times seem to be minimal), I'm very concerned about what happens if anything goes wrong (how to know when to book a return flight?, being in Bahamas without our passports etc.)
Because the CBP officer told my wife she had to leave the country by Sep 23 2012.
And they confirmed this when I called them to ask.
That seems like a good enough reason to me?
And they confirmed this when I called them to ask.
That seems like a good enough reason to me?
Last edited by zerlesen; Aug 29th 2012 at 9:10 pm.
Aug 29th 2012, 10:34 pm
#26
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Joined: Jun 2007
Posts: 187
Re: H-1B Extension Issue
The key issue here is that the I-94s in the I797As are no longer valid for your wife and children, since they exited the country and were readmitted with new I-94s which (presumably) have September 23 as the expiry date. AFAIK these I-94s are the ones that count. That is why you got the advice from USCIS for your family to leave, to avoid the very real possibility of them being out of status after September 23.
I believe the CBP agent was incorrect and the USCIS agent was correct. In general, you are only required to go to your home embassy for visa processing if you previously overstayed a visa.
I would go ahead with the plan to go to Nassau to get new visas. Eventually you would have had to do this anyway (assuming you wanted to travel outside the US in next 3 years). However, you may want to look into procedures for correcting I-94 forms that are incorrectly filled out by CBP, here is a link to the CBP web site detailing how to do this. If this works out and CBP agrees to correct the I-94s for your family, you would not have an immediate need to depart and could schedule the visa renewal at your leisure.
He suggested that any US Embassy would be OK for us to visit.
I'm now trying to get more clarity on this issue.
The CBP customer service agent said the visa can only be done at the embassy of our home country (in our case London/UK) and not in the Bahamas.
The CBP customer service agent said the visa can only be done at the embassy of our home country (in our case London/UK) and not in the Bahamas.
The plot thickens, the blood boils...but trying to keep things in perspective and stay calm (despite son just going back to school)!!
Last edited by newXgate; Aug 29th 2012 at 10:35 pm. Reason: baker's apostrophe
Aug 29th 2012, 10:58 pm
#27
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Posts: 187
Re: H-1B Extension Issue
If the I-94 says Sep 23, then Sep 23 it is. I believe there is a mechanism for them to fix obvious cock-ups on the I-94 and issue a replacement without having you go through this whole rigmarole but, from their perspective, this may not fall into the "cock-up" category.
If someone has a valid visa and an approved petition (I797A) for extension of that visa with a date of validity that is later than that of the visa, the border agent is supposed to use the later date on the petition for the I-94. So, this should fall into the "cock up" category and should be something that can be handled by CPB in Miami (or wherever). Certainly it would not do any harm for the OP to give it a try.
Aug 30th 2012, 12:57 am
#28
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Location: Kentucky
Posts: 38,865
Re: H-1B Extension Issue
A visa is an entry document. Why would you need an entry document when you're already inside the country? Quite simply, you can't get a visa from inside the US.
He was an idiot... and it's a shame that you were deliberately deceived. I suggest you report him to your local Bar association.
Ian
... and b) our attorney thought having actual visas in our passport wouldn't be necessary
Ian
Aug 30th 2012, 3:23 am
#29
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Posts: 559
Re: H-1B Extension Issue
The mechanism for correction is to go to a CBP deferred inspection site and ask CBP to correct the I-94s(https://help.cbp.gov/app/answers/det...on,-or-was-not).
If someone has a valid visa and an approved petition (I797A) for extension of that visa with a date of validity that is later than that of the visa, the border agent is supposed to use the later date on the petition for the I-94. So, this should fall into the "cock up" category and should be something that can be handled by CPB in Miami (or wherever). Certainly it would not do any harm for the OP to give it a try.
If someone has a valid visa and an approved petition (I797A) for extension of that visa with a date of validity that is later than that of the visa, the border agent is supposed to use the later date on the petition for the I-94. So, this should fall into the "cock up" category and should be something that can be handled by CPB in Miami (or wherever). Certainly it would not do any harm for the OP to give it a try.
Aug 30th 2012, 3:31 am
#30
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Joined: Feb 2011
Posts: 559
Re: H-1B Extension Issue
To be fair, Ian, although we're not privy to everything that may have been said, I don't think there's necessarily anything here to indicate that the lawyer was deceptive. Had the original visas expired, OK, that'd be another story...