curiousgeorge

I am on a h1b visa which expired on October 1st.
My company applied for a renewal as soon as legally allowed - 90 days before expiration.
Due to the ridiculous delays at the INS, it appears that I am legal to work during this period, but if I leave before the visa is renewed, I will be unable to reenter the US until my application for a renewal has been processed and is ready at my home embassy.

Basically, any H1b holder who tries to renew will find themselves in a situation where they cannot leave the US without jepordising their employment, as they won't be able to reenter the US until the renewal is processed, which is running at a period of up to 5 months.

Can anyone let me know if this is true, and if there is any way around this.
I also hear that the Vermont Processing Center is shutting for an internal audit, which will add a month to this porcess.

I'd appreciate if someone could let me kno how true this is.
Thanks.

Sylvia Ottemoeller

"curiousgeorge" wrote in message
news:433908.1033766881@britishexpats-
.com...

    > I am on a h1b visa which expired on October 1st.
    > My company applied for a renewal as soon as legally allowed - 90 days
    > before expiration.
    > Due to the ridiculous delays at the INS, it appears that I am legal to
    > work during this period, but if I leave before the visa is renewed, I
    > will be unable to reenter the US until my application for a renewal has
    > been processed and is ready at my home embassy.
    > Basically, any H1b holder who tries to renew will find themselves in a
    > situation where they cannot leave the US without jepordising their
    > employment, as they won't be able to reenter the US until the renewal is
    > processed, which is running at a period of up to 5 months.
    > Can anyone let me know if this is true,

Yes, it's true.

and if there is any way around
    > this.

A $1000 premium processing fee can be submitted to INS at any time, even for
a pending petition, and INS will adjudicate the petition within 15 days.

    > I also hear that the Vermont Processing Center is shutting for an
    > internal audit, which will add a month to this porcess.

See h-
ttp://www.bakerlawcorp.com/news/09252002%20SWIP%20Audit%20Underway.htm.
It appears as if the extra delay at INS-VSC will be 2 weeks.

curiousgeorge

Do you know if Advance Parole works in this case??
I think the fee is $110.

Thanks.

Stuart Brook

curiousgeorge wrote:
    > Do you know if Advance Parole works in this case??
    > I think the fee is $110.

This is NOT what advance parole is for ... it is for leaving the US
during an adjustment of status to a green card.