How long for Visa Further Processing - H1B
 

Dear All,

Last week I received my H1-B approval from my employer, few days later I went to the embassy in London to get the Visa expecting to get it straight away. To my shock I was told that it would need further processing this takes about 1 month. Is that because I was born in the Middle East? I hold a British passport and have been to the USA on the visa waiver program.

Personally I think that there was a debate regarding my visa as I was left to the very last before they interviewed me. But the decision was already made before the interview!!!

Does any one know how long this procedure would take? Would my employer in the USA be able to speed things up?

The other possibility is for me to enter the USA now on the visa waiver program and obtain the right papers while being there … is that possible? The visa officer said that I cannot do that... can I?

One last question, can I ask them to transfer my papers temporary to Canada so once the approval arrives … one of the consulates in Canada would give me the visa?

Many thanks,

Fady

Re: How long for Visa Further Processing - H1B
 

Absolutely do not do that. Working whilst on the VWP is strictly forbidden so you would not be able to start work for your employer anyway - even entering the US on the VWP with the intent to work is violating the terms of it, and if you were caught out it could have disastrous consequences. By entering on the VWP you waive your right to an Immigration hearing, so if you got into any trouble you would be summarily put in removal proceedings and not even have the opportunity to make your case before an Immigration judge.

Your visa will be issued by the US Embassy in London (where it is currently being reviewed) so you would have to return to the UK in a month or so anyway - it hardly seems worth the back and forth when you could just wait a few more weeks for it to come through.

The extra processing they are doing is most likely a security check because your name is the same or very similar to someone on their terror list. Unfortunately, there is no way to tell how long this is going to take, but it is not worth risking the whole deal by entering on the VWP now and breaking black letter immigration law.