adeel.zafar

Hi,

I have some questions thats I desperately need to ask on behalf of a friend in USA..

His H1B visa expired a month ago... but his work permit is valid for 3 years.... He is from Pakistan.... The problem is that he cannot leave US for more than a month or he will lose his job.....

What are the options....... Any help will be really appreciated..................is there any good lawyer to contact in this case, and is there any need to apply for a lawyer?

Thanks in advance....

meauxna

The term 'work permit' is very imprecise, especially as concerns an H-1B.
I don't see how your questions can be answered; what exactly does this mean?
"The problem is that he cannot leave US for more than a month or he will lose his job....."

MsElui

what is the date expiry on his visa?
what is the date on his I-94 slip (white slip stapled into his passport)
What is the work permit you are referring to? (what exactly is written on it and what date does it have?

what does his sponsoring firm think - after all -- they are aware of any visa renewal as they will have to file for it. Has he already filed for a renewal and just needs a new passport stamp?

adeel.zafar

Hi,

Thank you both of you for the response... He is further information and some clarifications....

In order to renew the H1-B visa, I think, he has to leave USA and apply for a visa outside. However, if the visa process outside USA takes more than a month (and he cannot enter USA), the company he is working with will fire him and hire somebody else...

Hope it makes it clear... Now the new information....

He was on H1-B which expired on 5th June... The work permit that he has is called I-797. Its expiry date is June 2011, and so is the expiry for I-94.

Another information that I have just got from him... He has also got a B1/B2 visa valid until 2013, which he got 2 years ago. When he came to USA last year, he entered on H1-B visa.

Now if he goes out of USA, apply for H1-B in Canada, and come back soon after than on B1/B2, can he still work as he would still have a valid I-797? or the I-797 will become invalid when he use B1/B2?

And no he has not filed the application yet. I mean he has not attended the interview yet. They are not providing any help apart from filing the renewal and are not concerned if he can get the visa on time or something like that....

Noorah101

If he currently has an unexpired Notice of Action, and an unexpired I-94, why does he feel he needs to leave the USA to get a new visa? He would only need a new visa if he DOES indeed leave the USA and then wants to return under the H1B status. But it sounds like he has everything he needs right now to stay in the USA and continue his H1B status.

If he enters the USA using his B1/B2 visa, he'll be a visitor, and won't be able to work. He should not do that.

If he's got a renewal on his H1B right now (which it sounds like he does), then it doesn't matter that the actual visa has expired right now. He won't NEED a new visa unless he leaves the USA.

Rene

adeel.zafar

Thank you very much for the information you provided. He has to visit Pakistan end of this year due to some family affairs, so thats why he is worried about getting the visa.

The longest delay on the visa is security clearance right? so if he already got security clearance last August, would he have to go through that procedure again if he will apply for visa renewal in lets say Canada?

If so, is it by any chance possible to obtain security clearance before applying for visa? I mean can this be done independent of visa application? This way when he applies for visa, he would save that nearly 2-months time... I am asking this because he cannot stay outside USA for very long time due to the concerns I mentioned earlier...

Noorah101

Ah, I understand your dilemma now. No, security clearance cannot be done independely of the visa application/renewal. The security clearance can only be done after the application is submitted. Canada doesn't HAVE to do his visa renewal, they can (and most likely would) have him go back to his own country for visa processing. In fact, being a Pakistani citizen, won't he need a visa to even get into Canada in the first place? And even if he had a visa to go visit Canada to renew his H1B stamp, what if it takes longer? How long would he be allowed to stay in Canada as a visitor?

Security clearance takes as long as it takes, no matter what country is processing the H1B renewal.

Rene

newXgate

Agree with your other points, but what is your basis for saying the US consulate in Canada would most likely refuse to process an H1 extension ?

Noorah101

I probably shouldn't have said "most likely would", but if Canada is aware of how long security checks can take for Pakistani citizens, they might not want to even get started on renewing his visa from Canada.

Rene

sangiano

I can't see any particular advantages of using Canada, if he is travelling to Pakistan anyway.

Since he would be going for a visa appointment, he would be ineligible to use Automatic Visa Revalidation to return in H1B status, if additional processing was required.

221g Administrative processing is just as likely in Canada.

Although he has a valid B-1/B-2 visa, there is no guarantee that POE would allow him admittance to the US, especially given the H1B approval.

Even if he gains admittance on the B visa, as others have said, he can't work until he returns to Canada after the additional processing has been concluded, obtains the visa and is readmitted in H1B status.

There are plenty of stories of people stuck in Canada for long periods awaiting resolution of 221g processing.

The Canadian Consulate is known to occasionally give a courtesy call to the applicant, to warn of probable additional processing, but certainly not in all cases.

meauxna

So, the employer is happy for him to continue to extend his *status* (the I-797 + I-94) but leave him 'land locked'.. no visa for traveling. It's not really the employer's fault that he's going to face the certain AP security checks, but it's too bad they won't work with him at all on it.

adeel.zafar

Thanks alot Rene, sangiano, meauxna and newXgate for the information you have provided. Really appreciate that....

Two more questions though.

a) He got his H-1B visa in September last year and the visa stamp says "security clearance received 30th august 2009". How long is generally the security clearance valid for Pakistanis on H1B? any idea there? I am asking this because i remember someone told me that its valid for one year (for student visas). So if that is the case, he may risk going to Canada or even Pakistan before the one year period or whatever that is and apply for visa so that least possible time takes place......

Another question is related to AVR... Is AVR concerned about re-entering from Canada etc or restrict visit only to canada etc. If its only re-entry, is it possible that he obtains visa for Canada, goes there and fly to Pakistan... and return back to Canada within the 30 days period and use AVR to re-enter US

I know i may sound desparate to you but believe me I really am... I really want this thing to be sorted out... I really appreciate help I am getting from you guys... Also any recommendations for a credible lawyer that can deal with such case would be appreciated.

Thanks again....

Adeel.

adeel.zafar

They even said him that if you have such problems, why don't you go and work in your own country

sangiano

You can find the regulations pertaining to AVR here.

AVR can only be used if the visit has been solely to Canada:

It is not possible to fly to and from Pakistan from Canada, then use AVR to be readmitted to the US in H1B status.

dbj1000

Wow! And to think I used to wonder why the H1B had such a bad reputation as the visa that employers abused to get cheap temporary labor from India and Pakistan!