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Re:Trump suspends H1B, H4 visas till year end by bmitc on Tuesday June 23, 2020 @12:18AM (#23609868)
I would like to provide a personal account as to how this has affected me. I am a U.S. citizen, and these draconian, ineffective, and political grandstanding policies have drastically changed my life. In short, I may need to leave my immediate family behind, my job, and restart in another country, almost by force because of these policies and the hidden policies, which are actually much worse than these official declarations.

I am engaged to a Chinese citizen, who is an active H-1B visa holder working for a U.S. technology company. We were visiting China in January to both see her family and friends and to do the yearly renewal of her re-entry visa. This latter point is important because it is a mind bogglingly inefficient process that forces people to travel back to their home country to renew a visa they already have and are using to live and work in the U.S. just so they can be able to leave and re-enter. This is just so the U.S. can have the possibility of keeping them out when they want for whatever reason, just as they have in this case.

Anyway, the U.S. Consulates shutdown during the outbreak in mid-January, halting her visa processing, needlessly in my mind because she had already accomplished her in-person interview. Then, the U.S. Consulate held her Chinese passport, which had valid visas to other countries, for over a month. This prevented her from going to another country and doing the visa processing there. (It is normally recommended to do the renewal in your home country, for reasons of being stranded wherever you're doing the renewal.) So the U.S. stopped processing her basically finished visa renewal, then held on to her non-U.S. passport preventing her to travel between two countries that aren't the U.S., and now they have kept her out of the country on the point of helping unemployed workers when she already has a job because she was the qualified candidate. This was all in January and February and some of March, long before the "official" bans on visas.

I have not seen my fiancee in over five months. It is unlikely I am to see her in 2020 and even 2021. I may eventually be able to travel to China to see her, but it is looking more and more that she will be unable to return to the U.S. any time soon. This is all complicated by the fact that her H-1B is time bound and the Green Card is a lost cause because it takes multiple years to be issued.

This is a person who already has a U.S. job that she was more qualified for than U.S. citizens. Just because people are unemployed doesn't magically make them qualified for jobs they already lost out on. It also is unclear what companies who already employ H-1B holders are supposed to do. There is no policy or method to get the fiancee of a U.S. citizen who already holds a valid H-1B back into the U.S. right now, and it's not clear when one will open up. It also makes no sense, from the very beginning, why the U.S. prevented her from returning at any point unless you understand that the U.S. is literally at war with China, immigrants, and non-immigrant workers.

All of this is vastly compounded by the inefficiencies, directed by our miserable administration, of the USCIS, because applying for a K-1 visa is not as straightforward as you would think. Even though the H-1B is a dual intent visa, applying for the K-1 visa could see the H-1B process incur delays or even denial. The U.S. government holds immigrants and non-immigrant workers hostage, and this is affecting U.S. business and citizens' personal lives. Right now, it is literally impossible to get someone who has a job in the U.S., has a current H-1B visa, a home, cars, and other assets in the U.S., is engaged to a U.S. citizen, and planned on immediately marrying a U.S. citizen after a "routine" vacation back into the U.S. any sooner than years. This is a pathetic situation.

I am a tech worker who has worked for technology companies and national security labs. I am now being forced to think about leaving my parents and brother behind in the U.S. to consider moving outside of the U.S. so that I can continue my life with my fiancee and build my own family.

People in this country wax on (whine) about freedoms, but what they are really wanting is to do whatever they want when they want it at the expense of literally anyone else but themselves, including their neighbor. It's nothing but extreme narcissism, and I cannot help but feel this country is a lost cause. The U.S. is an extremist state now, taken over by charlatans and textbook traitors.

Re:Trump suspends H1B, H4 visas till year end by chebureki on Tuesday June 23, 2020 @01:27AM (#23610202)
A good friend of mine has a somewhat similar story. Originally from Germany, she is a visiting researcher at an American university on a J-1 visa. Her husband is a refugee in Germany, who is going through education there and working toward obtaining German citizenship this summer. She used to travel to Germany often to see him since he cannot visit her in the United States because of his citizenship (his country is on a list of countries whose citizens are banned from entering the United States). Her employment was under a two-year contract, which was renewed for another year. Now she needs to renew her J-1 visa, which means she needs to travel to a consulate in Germany to do it. The US embassies have suspended issuing these visas. Their website says the decision to issue an emergency J-1 visa is on a case-by-case basis. She applied for an appointment. The embassy did not see her case as "an emergency", so her application was denied. It all happened before the EO was issued yesterday, which exacerbated her stress even further. She cannot pack up and move things, like many of her books or furniture, for example, because the shipping of these things between the United States and the European Union has been suspended due to COVID-19, as far as I understand it. She doesn't have a job in Germany and jobs in academia are hard to come by these days. And academia is not quick processing job applications. It can take months or even a couple of years before a decision is made. She cannot continue working on her book, which hurts her chances of employment in the future. So she is stuck in the US, where at least she can continue to work. He is stuck in Germany. They haven't seen each other in months.
Re:Trump suspends H1B, H4 visas till year end by chivas on Tuesday June 23, 2020 @06:46AM (#23612210)
My experience is similar if not worse. I came back to China for wedding this Jan and the wedding got cancelled because of the pandemic. Around mid Feb, US announced travel ban for Chinese. My wife went back to US with a still valid visa before the ban became effective, and I need to wait for new stamp. You already know what happened next. And now with this new EO, I'm not sure when we can reunite. We were students from top universities and now are hired by top companies, not sure how we became a risk to US labor. I've always been reminding myself this is not my country, yet I'm not fully prepared for the huge disruption this caused to my life.
Re:Trump suspends H1B, H4 visas till year end by fsociety on Tuesday June 23, 2020 @11:20AM (#23615067)
Sadly it has more to do with the President wanting it to not be your country, then the majority of the people.
Re:Trump suspends H1B, H4 visas till year end by 0xFFC on Tuesday June 23, 2020 @01:44PM (#23617474)
Wrong. Majority didn’t vote for his opponent, which directly means voting for him!
Re:Trump suspends H1B, H4 visas till year end by infinite8s on Tuesday June 23, 2020 @03:09PM (#23618720)
Actually a majority of the (popular) vote did go to his opponent, but because of historical vagaries that majority didn't translate into a win for his opponent.
Re:Trump suspends H1B, H4 visas till year end by vladb38b on Tuesday June 23, 2020 @02:05PM (#23617778)
Uhm, majority did vote for the opponent :)
Re:Trump suspends H1B, H4 visas till year end by 0xFFC on Tuesday June 23, 2020 @02:55PM (#23618510)
enough
Re:Trump suspends H1B, H4 visas till year end by caliguliminix on Tuesday June 23, 2020 @04:02PM (#23619490)
I have a similar story. I am on an H1b with an EB1 approved petition for a Green Card. I am presently waiting for my priority date to be current for the GC to be issued. My wife who was on an H4, had to leave the US in March and got stuck in India, where US consulates have shut down. Then the travel ban hits, followed by the latest executive order which means she can't come back till at least the end of the year.

Even worse, the priority date for EB-1 India, where I am from, jumped nearly 11 months forward in 1 month, and my priority date is just 7 months behind. If I end up getting a GC before she is able to come back, we'll have to go through an entirely separate process to get her GC, which will take at least 1-2 more years.

The only option seems to be to wait for the GC for a few more months, and then move to a different country so we can be together and start anew. We will then have to start the process of getting her GC and deal with all the paperwork that entails, assuming laws don't change again. Who knows, in this time maybe we'll just end up living in the new place for good.

Both of us have PhDs from a top engineering school, own a house, and have lived in the Bay Area for the past 15 years. The chaos this is creating is mind boggling.

Re:Trump suspends H1B, H4 visas till year end by jpmoral on Tuesday June 23, 2020 @01:04AM (#23610092)
That part about having to do the visa-stamping outside the US does not make sense to me.
Re:Trump suspends H1B, H4 visas till year end by bmitc on Tuesday June 23, 2020 @01:19AM (#23610163)
It doesn't make sense to anyone but the U.S. government. It gives them the right to deny the renewal or re-entry for any reason and then say "too bad, you're in your home country, so our hands are washed of the situation."

You must renew your visa in your home country. There is a possibility of doing it in another country, such as Canada, but this is not usually recommended and has a higher probability of failing.

Mind you, these are people that already have visas. They are simply being renewed. The secondary effect of this is that it slows down processing of visas, which lowers how many are given out and increases the cost of the USCIS. Although I think this particular thing has existed for a while now, the Trump administration has made it a point to needlessly increase the processing time by making policies to delay the processing. This is a tactic that further slows down the USCIS, making it much more costly, just so that they can point out how costly and inefficient the USCIS is when it is their policies that make those things worse.

For example, if you make an application for an H-1B, extension, or renewal, it takes months to prepare the paperwork. Once submitted, the USCIS can send it back, requesting more information. This has become much more common under the Trump administration, because it basically adds a minimum three to six month delay to the process. It gets sent back to the applicant, one must extremely carefully understand the confusing request for more information, provide the information, and resubmit. The USCIS then starts the whole evaluation process back over again.

Re:Trump suspends H1B, H4 visas till year end by NovemberWhiskey on Tuesday June 23, 2020 @01:28AM (#23610208)
You mentioned a number of times that the visa has to be renewed in your home country.

I don’t think that’s correct. Although often it’s considered advisable to do it that way (consular processing), there is an alternative process (change of status) where you apply while remaining in the US.

(source: renewed an L-1A visa a few years ago; advice received from my firm’a immigration attorneys)

Re:Trump suspends H1B, H4 visas till year end by bmitc on Tuesday June 23, 2020 @01:42AM (#23610284)
My knowledge comes from immigration lawyers, sponsoring companies, and H-1B holders themselves, all of which spend tens of thousands of dollars on these things. They would have had to miss something, which I doubt, so it's a bit presumptuous of you to say it is incorrect. I am talking about the re-stamping process in which you are able to leave the U.S. and come back, so maybe I used the wrong words. As far as I understand, if you never do this stamping process, you can just stay in the U.S., never leaving while your H-1B remains valid.

The process is so overly complicated, it's hard to track. I am not aware of any process in which you can re-stamp an H-1B inside the U.S. You meed to do an in-person interview, and these are done at U.S. Consulates and Embassies, none of which are inside the U.S.

Of course, it's difficult to quickly find the information on the official U.S. websites, but here are sites that explain it.

http://www.greencardapply.com/question/question17/H1B_Visa_S...

https://www.h1base.com/visa/work/h1b%20visa%20stamping/ref/1...

Re:Trump suspends H1B, H4 visas till year end by cylinder on Tuesday June 23, 2020 @02:08AM (#23610409)
yes you are right. You eventually need a visa label as soon as you abroad.

Upon renewal even the most trivial thing can be used with no transparency or accountability or review and keep you out of the country for life. Bam. Can't get back home, stuck in India, everything left behind. That's it. I know because I've had several clients lives ruined by thus lunacy.

Re:Trump suspends H1B, H4 visas till year end by 0xcafecafe on Tuesday June 23, 2020 @08:19AM (#23612879)
Change of status won't give a visa "stamp". That will be needed to get out and get back in. Visa stamps are only issued from consulates outside the US and are subject to vagaries of weather patterns and cosmic radiation.
Re:Trump suspends H1B, H4 visas till year end by NovemberWhiskey on Tuesday June 23, 2020 @09:49AM (#23613887)
OK, but that happens only once in the first six years in the U.S. for an H-1B doesn't it?

Initial visa issuance (for three years) will be at a consulate abroad by definition, and then one more visit to get the extension stamped (for the next three years).

My experience of the whole process was much less dramatic than many here. I was advised to budget for a week out of the country (for consular processing of an L-1A extension), and it ended up taking rather less.

Is the real problem after the six year term when extensions are done on a year-by-year basis for those with pending labor certification or backlogged priority date for an immigrant visa?

Re:Trump suspends H1B, H4 visas till year end by pandaman on Tuesday June 23, 2020 @12:26PM (#23616158)
Visa stamp's term depends on the country: it's reciprocal to the equivalent visa Americans get from that country. If an equivalent visa for an American is 1 year then the citizens of the country get 1 year visa to the US as well. If it's 10 years - same thing (obviously not applicable to H1B since its max term is 3). Visa fees are following the same rule, foreigners are charged the same their country charges Americans (and it's free if Americans get free visas there).

Having said that, the story from the OP does not add up: you don't need to renew the visa stamp to stay in the country. The stamp is for crossing the border. I, for one, never renewed my H1B stamp since I did not have a need to leave the country. If I were to leave, I'd just go to a consulate and get a new stamp to get back so having visas stamped only outside of the country does not appear as such a hurdle - you only need the stamp if you are already abroad.

Re:Trump suspends H1B, H4 visas till year end by bmitc on Tuesday June 23, 2020 @12:49PM (#23616521)
> Having said that, the story from the OP does not add up: you don't need to renew the visa stamp to stay in the country. The stamp is for crossing the border.

My story does add up. We needed to leave the U.S. to visit China, and we also visit Canada sometimes, hence necessitating the stamping process to take place at a U.S. Consulate in China. And it was this process that ended up being indeed a massive hurdle. In fact, so massive it is a major part of what kept my fiancee from returning. This is one of the cruxes of the story.

Re:Trump suspends H1B, H4 visas till year end by pandaman on Tuesday June 23, 2020 @01:04PM (#23616804)
I am sorry then. This:

>We were visiting China in January to both see her family and friends and to do the yearly renewal of her re-entry visa.

sounds like the renewal per se was a goal of your visit. If you are saying that you went to visit China and had to get a new visa stamp because the current one expired then it indeed adds up.

Re:Trump suspends H1B, H4 visas till year end by bmitc on Tuesday June 23, 2020 @04:55PM (#23620134)
It is both. There is a dependency in the sense of us going to China necessitated her getting the stamp. But if she wants to leave the U.S. to any country, Canada for example, and return to the U.S., then she needs to go back to China to do the stamping process to enable that. So it's basically required unless you want to just stay in the U.S. for multiple years straight, which is unlikely for international people and also for people in general that like to travel.
Re:Trump suspends H1B, H4 visas till year end by bmitc on Tuesday June 23, 2020 @12:53PM (#23616593)
> OK, but that happens only once in the first six years in the U.S. for an H-1B doesn't it?

No. At least for Chinese citizens, it is either every year or every two years that you must renew the stamp to be able to leave the U.S. and return.

I would advise not trying to dilute the impact of the rules just because you don't know or didn't experience them yourself. You aren't mentioning the country you are from, which also confuses the matter. These things change depending upon the origin country.