ej101

So here's the deal, I'm a new member, just started googling a couple days ago about the H1B interview process.

My situation.

Came to the US on a J1 about 4 years ago, stayed the term of the visa, then while still in the US, applied for an H1B, got approved, worked here for 3 years, applied for an H1B extension, got it, that was in April, now I'm thinking about going back to England to pick up my visa at the embassy in London.

I'm apprehensive as I've read all of the stories about visa's getting denied even with the approval notice in hand. I have an interview at the embassy in london in a month or so, I'm just trying to figure out is it's worth the risk, up until yesterday I wasn't really worried, now for some reason, I'm only thinking about things that can go wrong.

From what I understand, the interview itself is pretty short, I've never overstayed on a visa, always been legal, do I have anything to worry about?

Thanks in advance.

Ian.

JulianB

Worry not, it's extremely unlikely that you will have any problem. Enjoy your day out in London

ej101

Thank you Julian, I know that all signs point to yes, but as with any dealings with the INS, anything can happen... All the same, I appreciate the positive input. Cheers.

Elvira

Please do not worry! You'll wait a looooooooooong time, both inside and outside the embassy, but the 'interview' itself will be a non-event.

Just remember to wrap up warm, 'go potty' before you go, bring a bottle of water, a brolly and a good book!

ej101

Thank you Elvira, 2 positive repsonses, I'll quit while I'm ahead! One question though, do they look into your education? I don't have a degree, when I first got the H1, they had to evaluate my work experience, which came back no problem...

Thanks again!

Ian.

Elvira

You need to dinstinguish between the H1b and the visa. If you have already been granted the H1b, AFAIK the visa will be issues as a matter of course. They just check your passport and H1b approval notice.

If you are planning to bring family to the US, it gets a little more complicated because you'd have to provide prove that they are your wife/kids. But even that is straightforward (though they all have to be present at the interview.)

Kevin Keane

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Elvira wrote:

    >
    >> Thank you Elvira, 2 positive repsonses, I'll quit while I'm ahead! One
    >> question though, do they look into your education? I don't have a
    >> degree, when I first got the H1, they had to evaluate my work
    >> experience, which came back no problem...
    >> Thanks again!
    >> Ian.
    >
    > You need to dinstinguish between the H1b and the visa. If you have
    > already been granted the H1b, AFAIK the visa will be issues as a matter
    > of course. They just check your passport and H1b approval notice.

For a UK citizen applying in London, that is usually true. It doesn't have
to be; I hear that in particular for Indian citizens and graduates from
Indian schools, consulates do re-check qualifications because of a high
fraud rate.

    > If you are planning to bring family to the US, it gets a little more
    > complicated because you'd have to provide prove that they are your
    > wife/kids. But even that is straightforward (though they all have to be
    > present at the interview.)

I believe children under 14 are exempt, but I could be mistaken on that.

The proof is fairly straightforward: the marriage certificate and birth
certificates are all that's needed (in addition to the passports etc., of
course).

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Kevin Keane

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ej101 wrote:

    > I'm apprehensive as I've read all of the stories about visa's getting
    > denied even with the approval notice in hand. I have an interview at the
    > embassy in london in a month or so, I'm just trying to figure out is
    > it's worth the risk, up until yesterday I wasn't really worried, now for
    > some reason, I'm only thinking about things that can go wrong.

You've been reading this newsgroup too much!

Remember that people who don't have a problem are unlikely to post here, so
by reading this group, you will get a very skewed picture of the risks
involved! It's kind of spending every day in an oncology ward of a
hospital, and then coming to the conclusion that there are no healthy
people left in the world.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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andy620

Okay so the majority have had no problems but never take anything for granted.

I personally had a horrible experience at the London embassy. With my H1B approval notice in hand, letters from employer and attorney, degree transcripts from my UK university etc.. I was initally refused as the 'embassy officer' who dealt with my case decided it was his responsibility to make the decision as to whether or not I met the criteria for an HIB.

After a great deal of polite discussion regarding my work experience and how each subject I studied at university was applicable to my job offer and still not getting anywhere, I thanked him and left the embassy being refused. It wasn't until I got back to my parents house that there was a message from the embassy to contact them the next day. Apparently the officers decision had been been overturned by his supervisor and I was to be granted the VISA. So I then sent my passport to the embassy and they inserted the VISA. The officer I had was in his 50's but had never dealt with a HIB Visa application before and he seemed to be taking direction from the manuals. I got the VISA in the end but not without pain and a great deal of worry.

You should be okay as long as you have the approval notice, but have your wits about you and be over prepared with your documentation.

Good luck.

capenj

I'm confused though - I've heard that it can take ages to get your passport back from the embassy with the new visa? How long does it take?

nettlebed

The last time I got my H-1B at the London Embassy, it was 15 minutes from handing over the passport to getting it back with the visa in it.

Paul S

Mine was issued in September this year, the passports arrived with Visa's in about 5 days (sent via courier service) after the London interview

rbtuk

I renewed my visa in Toronto Canada last year and went through all the same anxiety over the possibility of the desk officer refusing re issue on the basis of some "opinion". In reality it was a breeze, the fact that I already had been issued the H1B and was currently working resulted in a 30 second interview to determine that I had some idea of the profession I was in.

Toronto consulate was just as bad as London for waiting time and long q's but a lot easier to get too (I drove). Even though they recommend going back to your own country you can just as easily visit any other consulate.

Kevin Keane

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rbtuk wrote:

    >
    >> So here's the deal, I'm a new member, just started googling a couple
    >> days ago about the H1B interview process.
    >> My situation.
    >> Came to the US on a J1 about 4 years ago, stayed the term of the visa,
    >> then while still in the US, applied for an H1B, got approved, worked
    >> here for 3 years, applied for an H1B extension, got it, that was in
    >> April, now I'm thinking about going back to England to pick up my visa
    >> at the embassy in London.
    >> I'm apprehensive as I've read all of the stories about visa's getting
    >> denied even with the approval notice in hand. I have an interview at
    >> the embassy in london in a month or so, I'm just trying to figure out
    >> is it's worth the risk, up until yesterday I wasn't really worried,
    >> now for some reason, I'm only thinking about things that can go wrong.
    >> From what I understand, the interview itself is pretty short, I've
    >> never overstayed on a visa, always been legal, do I have anything to
    >> worry about?
    >> Thanks in advance.
    >> Ian.
    >
    > I renewed my visa in Toronto Canada last year and went through all the
    > same anxiety over the possibility of the desk officer refusing re issue
    > on the basis of some "opinion". In reality it was a breeze, the fact
    > that I already had been issued the H1B and was currently working
    > resulted in a 30 second interview to determine that I had some idea of
    > the profession I was in.
    >
    > Toronto consulate was just as bad as London for waiting time and long
    > q's but a lot easier to get too (I drove). Even though they recommend
    > going back to your own country you can just as easily visit any other
    > consulate.

The reason for recommending your own country is threefold:

- - Only your own country has jurisdiction and is *required* to decide your
visa application. Other countries can choose to handle your case - or not.
If they don't, you may be stuck in the wrong country.

- - Consulates in most countries actually do not accept third-country
nationals. Canada and Mexico are exceptions.

- - If the visa is denied in Canada or Mexico, you may not be able to go back
to the USA to collect your belongings, but have to book an expensive ticket
on short notice.

That said, for the vast majority of cases, Canada and Mexico are reasonable
options.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Kevin Keane

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capenj wrote:

    >
    > I'm confused though - I've heard that it can take ages to get
    > your passport back from the embassy with the new visa? How long
    > does it take?

They no longer return the passport the same day, but mail it back to you.

In some cases, they will also perform a security background check on you
before issuing the visa. If this happens (mostly to men from Muslim
countries, but it can hit anybody), getting the passport back will be
delayed until they complete the background check, usually in 30 days or
less, but I have heard of cases where it took 18 months. The phrase they
use to inform you of that is "administrative processing".

You can ask for your passport to be returned during that time without a US
visa.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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