Legal Eagle - Further delay in visa processing

Nandini P Nair informs that enhanced scrutiny due to 9/11, is leading to substantial delay in visa processing

Dear Readers, the US Department of State has informed the public that nonimmigrant visa applications are subject to a greater degree of scrutiny due to the events of September 11, 2001. Thus, it will take longer to process such applications. Visa applicants should know that there will be additional internal screening procedures at the time the application is received at the consulate, and should expect substantial delays of six to eight weeks or more before a visa can be issued.

This will affect many people, especially individuals intending to enroll in or continue college and university studies in the US. I recommend that individuals give themselves ample time before their planned travel date to the US, when they are applying for their visa.

I am working with a US-based company. My H1-B visa expires on September 30, 2002. My company has filed for an extension and is telling me that I will receive the following:

• A transaction number immediately
• A receipt/receipt number after 20 days (that is almost near the date when my visa expires)
• A probable visa extension in three-four months.

I am apprehensive about the following:

(i) Since I may not have a receipt by September 30, can I legally stay in the US after that, considering that my visa extension petition has been filed?

(ii) Will I have any issues travelling inside the US during this time?

(iii) Can my spouse come on an H-4 before Septe-mber 30? How long does an H-4 generally take if I courier my documents to her immediately?

—Sanjeev Mishra

(i) Yes, you can remain in the US as long as the H1-B extension petition has been filed by your company prior to the expiry of your I-94 card. If this is done, you remain in valid H1-B status.

(ii) You should not have any issues travelling within the US, even though your visa has expired and you do not have a receipt notice from the INS. I suggest that if you have to travel, you get a letter from the attorney or your employer stating that an extension application has been filed on your behalf with the INS. With this, you should not have any problems.

(iii) Yes, your wife can enter before September 30, even though it is a close call. However, I do not think she will be able to get her visa so fast. Currently, I hear that it is taking several weeks to issue nonimmigrant visas from consulates. It may be best to wait until you have got your extension application approved and then you can send her a copy of the new H1-B approval notice when she goes for stamping.

I had signed with a bodyshopper in the US more than two years back, as an Oracle database administrator. They are currently holding my H1-B visa, but have not called me as of yet due to the recession. The visa is valid till November, 2002. The bodyshopper does not seem to be interested in me. He does not return any of my e-mails or phone calls. Please let me know:

(i) What will happen to my H1-B visa?

(ii) Can I get it renewed so that in the future I can go to the US?

(iii) What should be my next step?

—Samesh Kulkarni

There is nothing for you to do. When your H1-B expires in November, you cannot renew it. If a new employer sponsors you for another H1-B, they must apply again and you must go for stamping again.

I am an H1-B visa holder and my port of entry into the US is Chicago. Is it necessary that I should enter the US through Chicago? My brother is in Atlanta and I would like to meet him first. Once I join work, I may not get leave for at least six months. Will I have any problem if I enter through Atlanta or any other place?

—Sunita Iyer

You might have a problem since there are so many people trying to enter illegally in the US and the officer might question why you are coming in through Atlanta. In addition, the officer might want to call your employer to verify that you work for them and that they are expecting you. If you have any problems, it is always better to come in where your company is located, so that you can contact them to help you out. I recommend that you enter Chicago and then take a domestic flight to Atlanta. It will be safer that way.