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All,
I am sharing this valuable information with every one in the H1,H4 Community.
There will be potential rejections on new H4 visas if you fail to show your past 24 month earnings & work status at the US Consulates in the your countries.
============
In Summary :
1) US Consulate in your home country will expect you to have a good working history ( 24 months ).
2) Which means, you are expected to produce 2 years W2's of spouse.
=============
In Detail .. the below is the mail from my Company Immigration Co-ordinator, which he receives form BCIS regularly.
................................................
UPCOMING CHANGES IN VISA PROCESSING
Transfer to DHS: As of November 1, 2003 the visa issuing authority will be
transferred to DHS. Previously this was a function of the State Dept. A
Memorandum of Understanding has yet to be published which will delineate
responsibilities and the method of visa processing under DHS. Needless to
say the upcoming months and years are likely to see numerous changes and a
person will need to prepare months in advance any travel with regard to
obtaining new visas.
As advised by the State Department the visa processing process for all
intents and purposes should remain the same. However, it is likely to be
overseen by DHS Enforcement Officers. DHS Enforcement Officers are already
in place in Saudi Arabia and at present there is no projected plan as to
when and how they will expand operations to other countries. One can only
expect that the List of 7 and 26 Countries are likely to see this expansion
prior to others. This is likely to be controlled by security concerns.
As these changes unfold and are implemented will we become aware of the
practical impact on visa processing.
Current Policies Abroad: Currently, all Consulates are reviewing each
application on a case by case basis. H-1B and H-4 petitions/applications
are receiving higher scrutiny due to current economic conditions. H-4
spouses normally tend to go to India/overseas for a few months and were
routinely obtaining visa stamping.
However, and recently, Consulates are issuing lengthy RFE's requesting proof
that the primary beneficiary - the H-1B spouse - has maintained lawful
status for the 2 previous years. Essentially - this query addresses whether
the H-1B continued to work and be paid for the entire period. Consulates
are requesting pay-stubs and W-2's for the last 2 years, among other very
detailed documentary evidence. This is especially problematic for those
candidates whose work is project based and who have had gaps in work between
the end of one project and the start of another - if an employer did not
properly pay the employee while on the bench. H-4's are likely to get
denied if the H-1B holder cannot document viability of the employer, current
and existing need of the H-1B employee, beyond speculation, and proof of
maintaining status for past periods.
Therefore, we urge all applicants to review their past history and opt for
Visa Revalidation in the U.S. for themselves and their dependants even if it
entails change and delay in travel plans.
Visa Interview Waiver: Consular officers are required to interview each
applicant in person barring certain limited circumstances where they have
discretion to waive interviews. If a person holds a particular
classification and is seeking a new visa in the same classification which
expired less than 12 months prior to the same request/application, the
Officer may waive the personal interview requirement. As a result most
Consulates are experiencing delays in visa validations and processing -
approx. 4-6 weeks in scheduling appointments. Because of the delay,
interview dates which may not be available at one Consulate, can be
undertaken at other Consulates within a country. Check with your local
Consulate to see if this procedure exists.
Note: Most H-1B/H-4 should still be able to continue to use drop boxes.
However, review your history for 2 years before you leave the U.S. Remember
the Consular Officer retains the discretion to call the applicant in for an
interview even if the above criteria apply. This may result in extended
stays abroad. Therefore, one must prepare in advance prior to leaving the
U.S.
New Biometric Requirements: As of October 2003 DHS is introducing a new
Biometric requirement for visa applicants. This Biometric requirement
consists of fingerprints. The Ottawa Consulate in Canada will be the first
location to implement this change by mid October 2003. By October 2004 DHS
intends for all Consulates to have this procedure in place. Practical
Impact: expect delays in obtaining visas since each applicant will need to
be fingerprinted. As of now DHS has not published how, when and where these
fingerprints are to be conducted
Fingerprinting of each visa applicant is likely to increase processing times
along with the work load of the Consular Officers. Currently, the U.S. has
only 843 Consular Officers worldwide who process approx. 8 million visa
applications per year. DHS may increase this number by another 110 Officers
in the 2004 fiscal year. Furthermore, DHS has not authorized any overtime
for Consular Officers to handle the increased workload.
Ramifications of the upcoming changes are likely to be delays in visa
processing. People should plan/expect visa applications to take anywhere
from 2-6 weeks once Fingerprint Biometrics are introduced. Another
important change likely to occur is that the option to renew visas in the
U.S. may no longer exist. Once again we are awaiting publication of the
policy and will keep you posted.
We recommend that all applicants obtain valid visas now in the U.S. if
possible. If travel abroad is necessary then applicants must review
documentation 2 months prior to departure and make contingency plans for
extended stay abroad if necessary.
I am sharing this valuable information with every one in the H1,H4 Community.
There will be potential rejections on new H4 visas if you fail to show your past 24 month earnings & work status at the US Consulates in the your countries.
============
In Summary :
1) US Consulate in your home country will expect you to have a good working history ( 24 months ).
2) Which means, you are expected to produce 2 years W2's of spouse.
=============
In Detail .. the below is the mail from my Company Immigration Co-ordinator, which he receives form BCIS regularly.
................................................
UPCOMING CHANGES IN VISA PROCESSING
Transfer to DHS: As of November 1, 2003 the visa issuing authority will be
transferred to DHS. Previously this was a function of the State Dept. A
Memorandum of Understanding has yet to be published which will delineate
responsibilities and the method of visa processing under DHS. Needless to
say the upcoming months and years are likely to see numerous changes and a
person will need to prepare months in advance any travel with regard to
obtaining new visas.
As advised by the State Department the visa processing process for all
intents and purposes should remain the same. However, it is likely to be
overseen by DHS Enforcement Officers. DHS Enforcement Officers are already
in place in Saudi Arabia and at present there is no projected plan as to
when and how they will expand operations to other countries. One can only
expect that the List of 7 and 26 Countries are likely to see this expansion
prior to others. This is likely to be controlled by security concerns.
As these changes unfold and are implemented will we become aware of the
practical impact on visa processing.
Current Policies Abroad: Currently, all Consulates are reviewing each
application on a case by case basis. H-1B and H-4 petitions/applications
are receiving higher scrutiny due to current economic conditions. H-4
spouses normally tend to go to India/overseas for a few months and were
routinely obtaining visa stamping.
However, and recently, Consulates are issuing lengthy RFE's requesting proof
that the primary beneficiary - the H-1B spouse - has maintained lawful
status for the 2 previous years. Essentially - this query addresses whether
the H-1B continued to work and be paid for the entire period. Consulates
are requesting pay-stubs and W-2's for the last 2 years, among other very
detailed documentary evidence. This is especially problematic for those
candidates whose work is project based and who have had gaps in work between
the end of one project and the start of another - if an employer did not
properly pay the employee while on the bench. H-4's are likely to get
denied if the H-1B holder cannot document viability of the employer, current
and existing need of the H-1B employee, beyond speculation, and proof of
maintaining status for past periods.
Therefore, we urge all applicants to review their past history and opt for
Visa Revalidation in the U.S. for themselves and their dependants even if it
entails change and delay in travel plans.
Visa Interview Waiver: Consular officers are required to interview each
applicant in person barring certain limited circumstances where they have
discretion to waive interviews. If a person holds a particular
classification and is seeking a new visa in the same classification which
expired less than 12 months prior to the same request/application, the
Officer may waive the personal interview requirement. As a result most
Consulates are experiencing delays in visa validations and processing -
approx. 4-6 weeks in scheduling appointments. Because of the delay,
interview dates which may not be available at one Consulate, can be
undertaken at other Consulates within a country. Check with your local
Consulate to see if this procedure exists.
Note: Most H-1B/H-4 should still be able to continue to use drop boxes.
However, review your history for 2 years before you leave the U.S. Remember
the Consular Officer retains the discretion to call the applicant in for an
interview even if the above criteria apply. This may result in extended
stays abroad. Therefore, one must prepare in advance prior to leaving the
U.S.
New Biometric Requirements: As of October 2003 DHS is introducing a new
Biometric requirement for visa applicants. This Biometric requirement
consists of fingerprints. The Ottawa Consulate in Canada will be the first
location to implement this change by mid October 2003. By October 2004 DHS
intends for all Consulates to have this procedure in place. Practical
Impact: expect delays in obtaining visas since each applicant will need to
be fingerprinted. As of now DHS has not published how, when and where these
fingerprints are to be conducted
Fingerprinting of each visa applicant is likely to increase processing times
along with the work load of the Consular Officers. Currently, the U.S. has
only 843 Consular Officers worldwide who process approx. 8 million visa
applications per year. DHS may increase this number by another 110 Officers
in the 2004 fiscal year. Furthermore, DHS has not authorized any overtime
for Consular Officers to handle the increased workload.
Ramifications of the upcoming changes are likely to be delays in visa
processing. People should plan/expect visa applications to take anywhere
from 2-6 weeks once Fingerprint Biometrics are introduced. Another
important change likely to occur is that the option to renew visas in the
U.S. may no longer exist. Once again we are awaiting publication of the
policy and will keep you posted.
We recommend that all applicants obtain valid visas now in the U.S. if
possible. If travel abroad is necessary then applicants must review
documentation 2 months prior to departure and make contingency plans for
extended stay abroad if necessary.
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