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Hi Peter, Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but

Hi Peter, Thanks a lot for doing this. My partner is on a cap-exempt H1B (academia) and is a citizen of a European country. She has her work authorization, but the visa in her passport is expired, and to my understanding she needs that to re-enter the U.S. should she leave the country. As you know, visas are not being issued until at least Dec. 31st by presidential proclamation. After that, it seems consulates have a huge backlog of visas to issue, so assuming the proclamation is not extended, it seems the time-limiting step will be getting an appointment. It is our understanding that until then, she cannot leave the country without risking her employment, as she may be unable to return to the U.S. for six months or more (which violates the conditions of the H1B). I have two questions: 1. Is our information correct? We have found conflicting information from "official" sources (universities, lawyers, ...) 2. I understand the desire to prevent abuse of the H1B system. Is there some way in which these travel restrictions on active H1B holders prevents abuse? We're both very frustrated, but the worst part of not being able to see family is that there seems to be no logical reason for it. Thanks in advance.

sushshshsh 6y ago
My wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now. Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.
- ilarum 6y ago
  You don't need to leave the United States to renew your passport. Your country's embassy in the US can do it for you.
  - oskapt 6y ago
    This is true. My wife has renewed her Russian passport from Poland and from Chile, as well as from within the United States.
    - dodobirdlord 6y ago
      Whether you can renew a passport from outside of the country differs between countries.
  - sushshshsh 6y ago
    Not the Chinese one apparently
proberts 6y ago
To be clear, there's no restriction on being outside the US while in H-1B status for more than 6 months (that restriction only applies to green card holders - and even there really isn't a restriction). Consulates are processing visas but only on a limited basis where there is some type of emergency or urgent need or where the applicant is working in health care or some other type of critical field. So, it's still possible to get a visa now, it's just complicated.
- oskapt 6y ago
  I'm a US citizen who has been working in Chile for a US company for several years. My wife of 12 years is Russian and has had a green card since 2000. She grew up in New York. She came here with me for my work, and due to COVID was unable to return to the US to renew her green card before it expired in April. The company I work for is being acquired, and we are preparing to move back to the US. The consulate here said that because she has been away for more than a year, and because "staying with my US husband who was working for a US company in Chile" doesn't count as extenuating circumstances, her LPR status no longer applies, and she has to refile the IR1 from zero. We've started that process, but having to stay in Chile for another 12+ months while they sort it out is at odds with needing to return to the US and perform my job for the new company. The consulate here isn't very friendly towards her (literally telling her she could have just divorced me and moved back to the US if she wanted to remain an LPR). We didn't have a problem returning after we lived in Poland for 3 years from 2008-2011 (also for my work), and your statement of, "...and even there really isn't a restriction..." caught my attention. Is there some magic incantation or specific words she can say to the consulate here to grant her permission to return with me to the US and get her green card reinstated from within the US? My employer is being super cool about this, but it's clear that my role (Director of Community and Evangelism) will be executed better from _within_ the US. If this constitutes legal advice you can't give in this forum, I'm perfectly willing to retain you to discuss it further. We're literally sitting in our house in Chile, bags packed, movers on standby, waiting for them to say she can return to the country where she's lived since she was 9.
  - mav3rick 6y ago

sushshshsh 6y ago

My wife is an H1B holder who is now in line for a green card. She is unable to leave the United States until she receives that green card within a year from now. Her passport will likely expire before then. It's all just a giant game :) Our solution was to lawyer up and let them handle everything for us, there is no use in trying to understand a government system.

ilarum 6y ago
You don't need to leave the United States to renew your passport. Your country's embassy in the US can do it for you.
- oskapt 6y ago
  This is true. My wife has renewed her Russian passport from Poland and from Chile, as well as from within the United States.
  - dodobirdlord 6y ago
    Whether you can renew a passport from outside of the country differs between countries.
- sushshshsh 6y ago
  Not the Chinese one apparently

proberts 6y ago

To be clear, there's no restriction on being outside the US while in H-1B status for more than 6 months (that restriction only applies to green card holders - and even there really isn't a restriction). Consulates are processing visas but only on a limited basis where there is some type of emergency or urgent need or where the applicant is working in health care or some other type of critical field. So, it's still possible to get a visa now, it's just complicated.

oskapt 6y ago
I'm a US citizen who has been working in Chile for a US company for several years. My wife of 12 years is Russian and has had a green card since 2000. She grew up in New York. She came here with me for my work, and due to COVID was unable to return to the US to renew her green card before it expired in April. The company I work for is being acquired, and we are preparing to move back to the US. The consulate here said that because she has been away for more than a year, and because "staying with my US husband who was working for a US company in Chile" doesn't count as extenuating circumstances, her LPR status no longer applies, and she has to refile the IR1 from zero. We've started that process, but having to stay in Chile for another 12+ months while they sort it out is at odds with needing to return to the US and perform my job for the new company. The consulate here isn't very friendly towards her (literally telling her she could have just divorced me and moved back to the US if she wanted to remain an LPR). We didn't have a problem returning after we lived in Poland for 3 years from 2008-2011 (also for my work), and your statement of, "...and even there really isn't a restriction..." caught my attention. Is there some magic incantation or specific words she can say to the consulate here to grant her permission to return with me to the US and get her green card reinstated from within the US? My employer is being super cool about this, but it's clear that my role (Director of Community and Evangelism) will be executed better from _within_ the US. If this constitutes legal advice you can't give in this forum, I'm perfectly willing to retain you to discuss it further. We're literally sitting in our house in Chile, bags packed, movers on standby, waiting for them to say she can return to the country where she's lived since she was 9.
- mav3rick 6y ago