jtlc2345

I got my passport back from the courier this morning.

Looking at the details on the H1b page, all seems correct except that the expiration date stated on the visa is 15 November 2013. My job starts on 1 July and is for three years, the 'PED' on the visa is printed as 30 June 2016 and my passport is valid until 2023.

Does the expiration date on the visa relate to the date by which I have to enter the US, or has a mistake been made?

Thanks in advance

Jonathan

Noorah101

Yes.

Rene

henryh

If it's a British passport, it sounds to me like a mistake has been made. With the dates as you described, you would be able to enter the US and start work as you have planned. You could even stay there until 2016 (or longer if you file for renewal). But you would not be able to leave and reenter the US after 15 Nov 2013.

As you correctly surmise, the visa validity and expiry dates relate to when you can travel to the US. The petition validity and expiry dates govern the period that you can remain in the US. For a British citizen without an expiring passport and without any special inadmissibility waivers, the visa should have been printed with an expiry date close to the expiration date of the petition, so that you could travel freely until then.

I guess you need to contact the embassy.. it'll probably be painful. Good luck.

Orangepants

The PED date on my visa is 14 June 2016 and the expiration date is 14 June 2016. This means I can use the visa to enter the country til 14 June 2016. I think a mistake has been made but I wouldn't know what to do to rectify it.

DavidLemon

Not correct. The validity of the visa is the duration of the term, as people can come and go. It should have been 3 years if that is what was approved, and could be that a mistake has been made.

Noorah101

Ah, thanks. So it's different from an Immigrant Visa, then.

Rene

jtlc2345

So I contacted the embassy this morning (the non-immigrant helpline) and they said that they didn't think a mistake had been made. However, my employer's lawyer feels they have also made a mistake as many of you have theorised (I do have a British passport).

I will contact the embassy tomorrow again and see what they say - the only problem is that I have booked my ticket for 21 June so the odds of having this rectified by then is probably slim. Hopefully the immigration officer at JFK will set my I-94 date for June 2016 rather than November 2013 so I have some time to sort this all out.

Thanks for all you help so far

Jonathan

henryh

The drones on the £££ helpline won't be of any use other than to give you the weekly code to put in the subject line of an email that might actually reach a Consular Officer.

I think it is worth trying to get it sorted out before you leave, as you won't be able to rectify it from within the US (there is no agency within the US that issues US visas). You would have to wait until your next trip abroad to get a consulate to issue a new visa with the correct date. If you do end up traveling with the existing visa, don't be afraid to stand up to the CBP guy and make sure you get the correct 2016 date in your I-94.

jtlc2345

What would you suggest be the best way to approach this?

Jonathan

henryh

I'm no kind of expert in dealing with the embassy, but my approach would probably be to call the expensive number and badger the operator until you get the email address and weekly subject code. You might be able to find the email address elsewhere on this forum, but you'll have to call for this week's code otherwise your email won't be read.

Then email, clearly explaining the situation and their mistake (ideally quoting the FAM if you can find the applicable section and can sound like you know what you're talking about) and ask them to reissue a corrected visa.

Alternatively (or perhaps simultaneously) you could write a letter.

jtlc2345

So - just been on the phone to them again, and the operators line is that the consular officer only decided to give me a visa duration of four and a half months and that decision is final.

When challenged re: e-mail address, postal address to discuss further, he flatly refused and said there was no course of redress.

Will be writing a letter then.

Jonathan

lisa67

I suggest you talk to your company's immigration attorney. But remember that they have the company's best interest in mind so a consultation with your own immigration attorney wouldn't hurt either.
I would be tempted, and this is only a layman's advice, to enter on the visa and once inside the US get an info pass appointment and try and work it out that way.

DavidLemon

In this instance, the employers and the employees interests are the same. One would not waste money seeking advice elsewhere but use the company resources.

Noorah101

The problem with that is that the InfoPass appointments are only for USCIS issues. Visas are handled by Dept of State, so an InfoPass appointment wouldn't help.

But he could speak to CBP once inside the USA, I believe they have offices at major airports.

Rene

jxv73

CBP can't help with a visa expiration date, only with an I-94 expiration date.

OP has to solve this issue in London, otherwise he will simply have to enter the US, get a 3 year I-94, and if he ever leaves the US during those 3 years, go to another US consulate and apply for another visa (using the same approved petition). US consulates in Canada or Mexico are often used by H1B holders for this purpose.