Hi treelight,
"Is the consulate of notification the only consulate that I can go?"
No it's not, but it all depends upon the American Consulate where you
apply. Some consulates will let you apply with just your H-1B approval
and without a notification, and others insist on receiving a
notification first. Please call the consulate which is located in your
district in China. If it is possible, the procedure would be the same
as it is in Canada, in other words, just make an appointment for an
interview.
? China: Beijing
http://beijing.usembassy.gov/
? China: Chengdu
http://chengdu.usconsulate.gov/
? China: Guangzhou
http://guangzhou.usconsulate.gov/
? China: Shanghai
http://shanghai.usconsulate.gov/
? China: Shenyang
http://shenyang.usconsulate.gov/
>>> I-824
If you had lots of time, it would be possible to file Form I-824 to
request the CIS to send the notification to a different consulate, but
I don't advise doing this as it could take many months to be processed
and eventually cabled to the consulate.
"The I-824 filing might be required, as certain consular officers
request that the American Consulate be notified directly from INS/BCIS
the approval of your H-1B petition. Please check with the consulate of
your choice for the local procedures and be aware of the I-824
processing could take many months. Individuals seeking appointments
should be aware that applicants may be more likely to encounter
difficulties at the time of interview when they apply for a visa
outside of their home district. Consular officers at border posts will
deny visas whenever they believe there are fraud indicators present,
or their lack of knowledge of local conditions and familiarity with
hdocuments from the applicant's home country prevents them from
properly adjudicating the case."
http://www.jerrychanglawoffice.com/info_h1b.htm
I-824, Application for Action on an Approved Application or Petition
"The CIS to notify a different U.S. Consulate or Port-of-Entry
concerning the approval of an application or petition. Check Box B. If
approved, the CIS will cable information regarding the approval of
your application or petition to a different consulate or Port-of-Entry
than originally requested."
http://uscis.gov/graphics/formsfee/forms/files/I-824.pdf
>>>
According to the American Consulate in Shanghai website, you have to
work or be a resident of the Shanghai consular district in order to
apply for a visa there so that is another thing to consider.
American Consulate in Shanghai:
"Every applicant must be able to prove that he or she works in and/or
is a resident of our Shanghai consular district, which includes the
Shanghai Municipality, and the provinces of Anhui, Jiangsu, and
Zhejiang.
In addition to the above requirements, you are advised to present
documentation and other evidence establishing social, economic, and
other ties that would compel your departure from the United States
after a temporary and lawful stay. It is impossible to specify the
exact form that the evidence should take since each applicant's
circumstances vary greatly. For additional information on this
requirement, please consult the State Department Consular Affairs
website. It is important to note that under U.S. law, every visa
applicant is presumed to be an intending immigrant until he or she can
establish to the satisfaction of the consular officer at the interview
that he or she is entitled to nonimmigrant status.
Most cases are decided after a brief interview and review of whatever
evidence of ties to China an applicant presents. U.S. immigration law
delegates the responsibility for issuance or refusal of a visa to
consular officers."
http://www.usembassy-china.org.cn/shanghai/visa/index.html#maki
>>> Additional Link of Interest
Some forum discussions to browse:
http://groups.google.ca/groups?q=i-824%20h-1b&num=100&hl=en&lr=&sa=N&tab=wg
I hope this helps. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.
Thank you,
hummer
Google Search Terms Used:
i-824 h-1b
american consulate china
h-1b interview
h-1b consulate notification |
Clarification of Answer by
hummer-ga
on
12 Apr 2005 09:40 PDT
Hi treelight,
I'm sorry I've taken so long to get back to you but I've been giving
your clarification questions alot of thought. Had you not already
started the process in Toronto, I would've said that the Beijing
consulate would be the better choice. This is because it is your home
country and you wouldn't be applying as a TCN (Third Country
National). However, that is not the case and now you must balance the
pros and cons of each consulate. For me, the notification is not the
big concern. They are sending one to Toronto because you are applying
as a TCN there. If you apply at Beijing now without the notification
(call first!), that should not cause a delay in itself. However, what
is more of a concern is the security check. Switching to Beijing now
*may* be seen that you are trying to get around the security check and
in today's world, would definitely be the wrong approach. See the
following link - you fall into at least two, and possibly three,
categories.
Security Checks
"All visa applicants will undergo security checks. Security checks can
delay or even result in the denial of a visa. Because of this, you
should apply for the visa well in advance of the date you wish to
travel to the U.S.. The State Department has its own reasons for
running security checks on applicants, and there is no way to predict
with certainty who will be subject to these checks. However, you are
more likely to be subject to an in-depth security check if you meet
one of the following criteria:
1. You are applying for a visa in a third country.
2. You are coming from or have traveled in certain countries,
including the seven countries on the U.S. State Department?s List of
State Sponsors of Terrorism: Cuba, Iran, Iraq, Libya, North Korea,
Sudan, and Syria. Experience has shown that persons from Russia and
China are also subject to in-depth security checks.
3. You are engaged either professionally or academically in any of
the fields listed on the U.S. State Department?s Technology Alert List
(?TAL?). These fields include, but are not limited to: engineering,
chemistry, biology, physics, architecture and urban planning."
http://oisshome.wustl.edu/immigration/h1b/ApplyingForH1BVisa.html
Applying as a TCN is a bit harder because, ofcourse, you are not in
your own country so the officer in Toronto will be required to make
extra check ups on you. See the following link.
"Although some US consulates accept visa applications from TCNs, the
process will likely be more time-consuming because the consular
officer must take extra measures to verify the applicant?s
relationship to his or her home country and to the United States. TCN
visa applications have a higher risk of being denied than those from
nationals of that country, and applying for a visa in a third country
is not recommended..."
http://oisshome.wustl.edu/immigration/j1/ApplyingAndAutorevalidation.html
Bottom line? Call Beijing. Confirm that they won't require a
notification. Ask if you (as a citizen) will need an appointment and
if so, what is the time frame. Tell them about your TCN in Toronto
and that a security check is being done. Ask if they think it would
be better to continue with Toronto or if you could apply in Beijing
instead (explain why you want to switch). They are in the best
position to advice you.
Good luck!
hummer
|
