H1B Renewal - Security - need help

[EthanHunt]

Hi All, esp. the GURUS.... please help me in this...

The first time i went for H1 stamping I had to wait for 3 months for security clearence in chennai consulate because of my name. Now my H1 is expiring in Sep 2008. (My I-94 is valid till Sep 29th 2008)

Now my question is that whether I will have security check (security clearence again for my H1 Renewal) ?

Is it possible that I go for my H1 Renewal stamping to Canada or Mexico by August 2008 and if I am made to wait for the clearence, Can I come inside US immediately since I have a valid I-94 till September 2008? or will I have to for the new clearence to come?

Please advise.

Please let me know if you have not understood the question.

Thanks
-E

[txh1b]

If you have a common name and suspect that you will get stuck in name check,

1. You need to go for the visa stamping before the current visa expires (not the I-94). In the unfortunate event of a name check, you can return to US on the valid visa without having to worry about anything. You can get an extension under PP 6 months before expiry of the I-94 and go for stamping before the visa expires.

2. Some border officers, if you travel by land, still let you in with a valid I-94, but it all depends on luck. You may or may not be allowed into US.

3. I've also heard of instances when consulates issue a temporary permit type letter to allow you inside US and will contact you on receiving clearance to come back again for the visa. This is again a matter of discretion from the VO/CBP at the border.

Option #1 is the safest bet.

[EthanHunt]

Thanks txh1b

If you have a common name and suspect that you will get stuck in name check,

1. You need to go for the visa stamping before the current visa expires (not the I-94). In the unfortunate event of a name check, you can return to US on the valid visa without having to worry about anything. You can get an extension under PP 6 months before expiry of the I-94 and go for stamping before the visa expires.

2. Some border officers, if you travel by land, still let you in with a valid I-94, but it all depends on luck. You may or may not be allowed into US.

3. I've also heard of instances when consulates issue a temporary permit type letter to allow you inside US and will contact you on receiving clearance to come back again for the visa. This is again a matter of discretion from the VO/CBP at the border.

Option #1 is the safest bet.

---------

I did not understand the 2nd part of the 1st option.... "You can get an extension under PP 6 months before expiry of the I-94 and go for stamping before the visa expires." Can you please tell me how do I get and extension of I-94 on my passport.

Secondly as I told my Visa is expiring on Sep 30 2008. Is it safe to go in the last week of August '08

Thanks again.
-E

[txh1b]

Secondly as I told my Visa is expiring on Sep 30 2008. Is it safe to go in the last week of August '08

Your employer can file for the H1b extension using regular or premium process upto 6 months before your current I-94 expires. If you have an approval and a new I797 from the extension, you can safely go for stamping in August 2008and return even if you get stuck in name check.

[EthanHunt]

Your employer can file for the H1b extension using regular or premium process upto 6 months before your current I-94 expires. If you have an approval and a new I797 from the extension, you can safely go for stamping in August 2008and return even if you get stuck in name check.

Thanks much txh1b.....you are awsome!!!!

-E

[orion]

Your name EthanHunt is not so common though

[apple89]

Hi Ethan,

If you are working with the same company that is on your visa(passport page) then they won't cancel it otherwise they will cancel even though it is valid.

If you still have doubts on your name check, you can apply for security clearence when you are in US and take the clearence papers with you for stamping.

[txh1b]

If you are working with the same company that is on your visa(passport page) then they won't cancel it otherwise they will cancel even though it is valid.

This isn't right. The visa, if valid, remains valid. Doesn't have anything to do with the company name from what I know.

[milf]

Hi Ethan,

If you are working with the same company that is on your visa(passport page) then they won't cancel it otherwise they will cancel even though it is valid.

If you still have doubts on your name check, you can apply for security clearence when you are in US and take the clearence papers with you for stamping.

Hi, i am also in the process of going to india for H1 visa stamp for my another 3 years of extension, but worrying bit due to my name check enquiry, in your response you are saying that " you can apply for security clearence when you are in US and take the clearence papers with you for stamping ". Can you please tell me how and where to apply this security clearance when i am in US,( i live in seattle ) and carry those papers to chennai when i visit india in june month. Please respond as i need this urgently. Thanks SaveXPWindows.

[txh1b]

I am not aware of a security clearance procedure that a visa applicant can invoke from the US. It is only the PMIS database check that can be verified from the US.

Name checks, TAL etc, you have no control over them.

[milf]

I am not aware of a security clearance procedure that a visa applicant can invoke from the US. It is only the PMIS database check that can be verified from the US.

Name checks, TAL etc, you have no control over them.

Ok, then how to initiate PMIS database check from US. Please let me know the procedure involve, Does Chennai has PMIS database Check in place?

[txh1b]

People have had success emailing the consulate with a copy of their I797 and appointment letter to consulates in Canada and Mexico. I don't think Chennai entertains this. Above all, PMIS delay is maximum of 4-7 days, not more than that.

[milf]

People have had success emailing the consulate with a copy of their I797 and appointment letter to consulates in Canada and Mexico. I don't think Chennai entertains this. Above all, PMIS delay is maximum of 4-7 days, not more than that.

Thank you so much Txh1b.
Even If i go to Canada/Mexico by sending them my I797 & Appnt letter to consulated before my schedule time ahead, what i would get from them?, do i get any confirmation that they wont do my name check enquiry or what? can you please tell me what response will they give me thru PMIS. or anyother such thing?

Thanks

[txh1b]

Ok, looks like you are not aware of the difference between PMIS, Name Check or TAL. You need to do your research on those. Some basic info is below.

PMIS check is a simple check that ensures the origianl I797 that you present at the consulate was approved by USCIS and is not a **** one. Delay is a maximum of 2-4 days. Consulates, if your I797 is not found in the DB, send a query to an office here in US (Kansas??) and they add the approved copy image of your I797 to the database and then your visa is granted.

Name check is a longer delay. It is infact unknown how long and what all agencies are involved in this process. Needs clearance from the State Department before the visa can be approved.

TAL (Technology Alert List) check depends on your profession or education. It is not as long as name check but takes few weeks to couple of months to complete.