Conference 7.286::digital

535.0. "A possibility?" by WEST::NEWDEV () Wed May 11 1988 12:02

I'm attaching the following notes from Hanzi::Far_East. Anyone who understands
about immigration issues please read this and kindly offer the help. Thanx!!

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            <<< HANZI::DISK$TOOLS:[NOTES$LIBRARY]FAR_EAST.NOTE;2 >>>
                  -< HongKong, PRC and other Asian countries >-
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Note 187.0                          Why?????                           4 replies
WEST::NEWDEV                                         45 lines  11-MAY-1988 05:51
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These things happen.... 

As most of you, I am from another country. Digital hires me and changes
my visa to H-1. After half an year start the process of permanent resident.
December last year my files enter department of labor. They will come out of 
DOL sometime these two months.

My father is very ill now. He was in critical condition the past few days.
I almost decide to leave no matter what will happen to my immigration
issues afterwards. Yes. There is a lot of struggling in my mind. Finally 
my father is awake. I am told he passes the worst situation, but still
not stable.

I really wish to be back at this moment. I cann't wait for 3~4 months until
all the process is done.

I tried all the following things:

- Consult Coporate Immigation office and lawyers. I get the answers that
  even I have the letters from coporate personnel and managers stating
  they need me and telegram from my family, chances are still very little 
  that I can be back to U.S.

- Go to Canadean Consulate to get visitor visa, then go to U.S. Consulate
  within Canada to get U.S. H-1 stamp. It used to be a safe way, unfortunately 
  won't work now. I tried to submit twice but end up crying hopelessly there.

- Ask senators/congressmen for help. Since I am nobody here, and I cann't
  find somebody around my friends, I try to get in touch with those high
  level people myself. All my phone calls were transfered to some "
  immigration experts" by their secretaries. I got either of the following
  answers "If you have legal status to go out of this country, of course
  you have legal status to be back" (no matter how I explain, these experts
  are very impatient), or "We know this law is very unfair, unfortunately
  it's impossible to have exceptions, even you try to find senators to
  help you". By the way, I live in New Hampshire. I haven't tried Ed Kennedy
  since I expect to get the same result due to not able to find "somebody"
  to help me and not an Mass. resident.

I'm tierd. I cann't concentrate in my work and get a small car accident 
due to my absent mind.

What should I do? Who can help me?

Ask for advice, not sympathy. Thanx! 
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Note 187.1                          Why?????                              1 of 4
THRILL::CHENG                                        36 lines  11-MAY-1988 07:38
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    If I understand you correctly, you have filed for the labor certificate
    and still waiting for it. Only when you obtained the labor certificate
    by mail then you'll file for the p.r. application. That means your
    status is still H-1 and legally you should be able to obtain the
    H-1 visa stamp on your passport and you then can come back to U.S.
    Whether you'll obtain the stamp is up to the U.S. embassy where
    you'll apply. 
    
    The situation is totally different if you have
    obtained your labor cert and have filed the application for pr.
    
    To get the H-1 stamp on your passport, you can either go back to
    your home country or to other countries outside the U.S.
    The safe route used to be go to Canada and even if you can't get
    it, you can always come back. But the US embassies in Canada are
    getting more reluctant to issue H-1 stamp though occasionally I
    heard of some success stories.
    
    You may stand a better chance if you can obtain a letter from your
    boss that your job requires you to travel and need the stamp on
    your passport. You may also need some support document  that you'll definitely
    go back to your home country after your H-1 expires. Since the INS
    dept, Dept of Labor and American Embassies (State Dept) are different
    organizations, that means you US embassy won't know whether you have filed
    for the labor cert and have the intention of staying in the US permanently.

    Hope this helps.
    
    Send me mail (THRILL::CHENG) or call DTN 282-1248 if you need
    more information from me.
    
    Steve C.    
    
    
    
    
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Note 187.2                          Why?????                              2 of 4
HANHUA::DAVIDLEE "David Lee - ABSS/FER, Hongkong"     9 lines  11-MAY-1988 08:50
                               -< It's a shame >-
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    Although I cannot give advice, I really feel sorry for your situation.
    
    I am surprised that DEC Corporate cannot help you in this matter.
    It's a shame!
    
    ANYONE FROM CORPORATE PLS GIVE A HAND TO THIS GUY!
    
    	- David
    	  Moderator
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Note 187.3                          Why?????                              3 of 4
PRCSWS::JIMMYCHAN                                    10 lines  11-MAY-1988 09:43
                               -< on your side >-
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    Sorry to hear your situation.
    
    I am sure CORPORATE CAN HELP YOU OUT if they want to.
    
    CORPORATE, I count on you to give this guy a hand!!!
    
    Jimmy Chan
    PRCSWS
    Hong Kong
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Note 187.4                          Why?????                              4 of 4
HANZI::SIMONSZETO "Simon Szeto, ABSS/FER, Hongkong"   5 lines  11-MAY-1988 10:03
           -< Maybe this network is more effective than I think... >-
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    I am doubtful about Corporate, whoever they be, seeing this plea for
    help.  This topic would probably get more visibility in HUMAN::DIGITAL.
    
  --Simon
    

       Few things are as frustrating as dealing with the INS.  As .0
       astutely points out, the INS deals with a non-voting constituency,
       and they often seem not to care at all about the problems that
       their clients face. 
       
       I'm not familiar with the H-1 visa, or if you have officially
       applied for a change of status (from non-resident to resident). In
       many change of status situations, you generally cannot leave and
       return the US except in exceptional circumstances.  Your father's
       illness could well qualify as such a circumstance, but the
       determination would have to be made by an INS officer. 
       
       I'd suggest two possibilities:
       
       1) You could go to INS in Boston (JFK building, government
       center), explain the situation to an INS drone, and hope that he
       or she will stamp your passport to allow you to return.  If you've
       ever tried to deal with INS in Boston, you know that you must get
       there early in the morning (sometimes before 7 or 8) in order to
       be one of the lucky 325 people who get in each day. For New
       Hampshire residents, there is also an INS office in Concord, NH;
       however, that office is open only on alternate Tuesdays, and the
       person who is there is not always terribly helpful. 
       
       2) You could see an immigration lawyer.  This might cost you a few
       hundred dollars; it might also cut a lot of the red tape. A good
       immigration lawyer might know just how to get around the problem
       you face.  The problem, of course, is figuring out which
       immigration lawyers are worth their fees and which aren't.
                 
       Good luck.
       
       --Mr Topaz 
                                                                

    I was in a very similar position, wanted to go to England for my brother's
    wedding. I was on an L1 visa. I'm not familiar with H1 (student
    visa isn't it?) but here is the scoop with L1.
    
    First I had an INS I-171-C form that gave me the right to be in
    the US until a certain date. An important thing here to note is
    that once in the US nobody gives adamn about your visa. The important
    thing is to have the document that entitles you to be here. For
    an L1 visa it is an I-171-C. Well my L1 visa had expired. Now if
    you are out of the states you can't get back in without a valid
    visa. You have to get the valid visa from the US embassy.
    I was able to do this by presenting my valid I171-C. To be on the
    safe side I did it by shipping my passport and I171-C to my family
    and having them go to the embassy get my passport stamped with a
    new L1 visa that ran out when my I171-C did. My family then mailed
    the passport back and I left the US and had no difficulty getting
    back in again.

    I found the Int. Relo. were very conservative about allowing you
    to leave the country when applying for Permanent Residence. I'm
    still not convinced that their reasons are valid ie the law says
    that's the way it has to be.

    Good luck,

    Dave

    Call (617)-565-3879, Boston Ask Immigration Hotline.  It is a
    computerized tape message service.  There are 8 general categories of
    tapes.  In category 4, the tape number 239 is about Emergency Travel
    Requests.  In category 8, the tape 137 describes travel by aliens whose
    application for permanent resident status are still pending. 
    
    There is very little that corporate immigration can do to help you. If
    you are thinking of going to a senator, try Senator Rudman's office in
    Manchester.  Ms Robin Cox from that office had been sympathetic and
    helpful to me in the past. 
    
    All the rules and regulations dealing with INS and Consulate Offices
    abroad are made with the sole intention of causing as much hardship and
    pain as possible to the person approaching these offices.  It is crying
    shame that a country which considers itself to be on the forefront of
    human rights accord has absolutely no regard to the cruelty it imposes
    on some us. 
    
- Vikas

    You might also give the people at WBZ Call for Action a call.  The
    phone number is 617-787-2300.  Their hours are 11am to 1pm.  I had
    a problem with the Veterns Administration that went on for months
    and one call to Call for Action solved it in a matter of hours.

    The right way to do it is the following:
    
    	o Take the letter & Telegram and go to the Boston office. They
    will check it out and give you a 3-4week visa.
    
    	o I had a similar situation last year and did it. I got my stamp
    to travel. Note I too was on H-1, the only difference was that I
    had cleared my labor clearance, and green card interview and was
    just waiting for my green card.
    
    	o On human grounds they give you a 3 week exit permit. 
    
    	o Business grounds sometimes fail. 
    
    	o The other option is to get out of the country and go to QUEBEC
    	   Canada and try for a multiple entry H-1. Do not go to Montreal.
    	  
    
    	I understand what this guy is going through, as I went through
    the same.
    					If you have any questions call
    me. Our coporate Immigration speciallist is Patricia McDermott.
    CELICA::MCDERMOTT, she will guide that guy. Give her a call...
    			Immi...