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  • Approve this, approve this not

    I'm on an H-1B and need to travel outside the US for a couple of weeks because my job requires it. I don't have the visa stamp on my passport yet. Can I apply for it at the US Consulate of the country I'm visiting (Germany) ? Some people tell me I have to go to my home country and get it there. I have no problem in going back to Italy and applying for the visa there, however, some coworkers recommend me not to leave the US because not all H-1B visas are approved at the American consulates, they don't care about your job and they do it maliciously so that you don't return to the US. Has anyone heard this too ?

  • #2
    see this link if you are a H, L, O, P, E or I Visa Holder (visa holder) :

    http://travel.state.gov/revals.html

    Ciao Bello,

    Every Concular office has its own set of regulations. It is harder and harder to get a Visa Stamp in now days. It is even more so if you are a Third Country National.

    Do you at least have an expired H-1B Visa stamp in you passport? If so, the above link would help in your case. I used it. I got a second H-1B Visa stamp there.

    Good Luck.

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    • #3
      Visa applicants are subject to the same background check now, which takes about 4 months to complete. So you are looking at a vacation of 4 months in EU even if you can get the visa. I don't know if being from Italy helps or not. If possible call the consulate to find out.

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      • #4
        I appreciate your responses. However, no one has said anything I don't know. I heard this story from a guy from China who applied for an H-1B visa stamp in Beijing and was denied 3 times. He had to sell his apartment in California and stay in China. I certainly don't want to spend 4 month on vacation in my country...I would be fired. A lawyer told me a security check is carried out when applying for an H-1B visa only if you have been in the US for more than 6 months. I'm just wondering if anyone has factual information about getting the H-1B stamp at the US consulate overseas.

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        • #5
          the lack of responses indicates that nobody would advise you to repeat your friend's stunt.

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          • #6
            guest: This guy isn't my friend. Is only a case I know but it's real and not speculation. If you consider a stunt going out of the US then I'm a stuntman. I'm a salesman for Europe and have important accounts for my American employer company all over Europe.

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            • #7
              Same problem. I feel stuck here, because I heard bad things about Consulates not willing to give you the H stamp. Please, let me know if you have any progress on your case. Regards.

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              • #8
                <If you consider a stunt going out of the US then I'm a stuntman.>

                I am saying that you have a 99% chance not to be able to re-enter.

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                • #9
                  To Ciao Bello
                  You have a responsiblity and duty to your employer which you have to fulfill. At the same time you have to watch you interest also. Before travelling to Europe you should explain the situation to your employer that it may take a little longer for you to return. Moreover, take copies of your whole case file from the Immigration and a letter from your employer about his assignment and how important you are and your job function for the Company.
                  This should help you to get a stamp from US Consulate in Germany or in your home Country.
                  Although they may give you a little hard time, but you will be okay with all those papers and letters.
                  Good luck.

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                  • #10
                    Thank you Umesh Passi. Do you think it's easier to get a stamp at a Border Post instead ? I still don't understand why they'll give me a hard time. What's their criteria to deny the stamp ? If it's the same as "Guest" I understand, but why a consular officer refuse to stamp an H-1B visa ?

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                    • #11
                      Ciao Bello the US wants to keep educated people (H-1Bs) like you outside the US and let undeducated illegals in. Just go out the street and ask how many mexicans working in the poultry industry have documents (if they do they're faked).

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                      • #12
                        To Ciao Bello:
                        INS approves the petition but State Department issues the Visa. These are two different entities and they have authority to review each others decisions. That is why sometimes INS approves petition but Consulates deny visa and sometimes Consulates issue Visa and INS denies entry into the Country. Keeping in view, all these aspects, I had suggested you to get a letter from your company and travel with a copy of your immigration file. You should also be prepared to stay little longer if there is some problem.
                        Good luck.

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                        • #13
                          Sorry for being so reiterative Umesh, but do you or anyone knows what criteria the Department of State (or US Consulate) uses to deny an H-1b visa stamp ?

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