British Expats - H1 renewal = can't leave the US?

On 28 May 2002 21:20:05 GMT, soso17 <[email protected]> wrote:

    >I would greatly appreciate receiving advice on this issue. I am currently under an
    >H1 visa valid through early August of this year. A renewal process should be started
    >this week or next. I have been advised to not travel outside of the US during the
    >renewal period.
    >
    >1. Can I plan a trip abroad and come back to the US under my current H1 and prior to
    > August?

Tricky, but it may be possible. You have three options:

- make sure that the renewal is complete by the time you return, and show your new
petition when you return.

- make sure that the renewal is complete before you return, and apply for a new visa
at a consulate abroad before you return.

- return before the renewal is complete, and then leave the US a second time after
the renewal is complete. If this is after your original visa in your passport
expires, you will need to visit a consulate abroad to get a new visa.

    >2. How long does the renewal period last and can this renewal process be completed
    > prior to my current visa expiring?

If your employer pays the $1000 premium, it will take about three weeks. Otherwise,
three to four months. Your employer can start the process now (up to six months
before your old H-1B expires), or it is enough to file the paperwork on the last day
of your old H-1B (he'd have to start the process a few weeks earlier to make sure he
has an LCA for you).

    >3. If so, can I travel prior to August?

See above.

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).