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Q: H1B visa application from outside country of origin ( Answered,   0 Comments )
Subject: H1B visa application from outside country of origin
Category: Miscellaneous
Asked by: suppal-ga
List Price: $3.00
Posted: 26 May 2006 04:07 PDT
Expires: 25 Jun 2006 04:07 PDT
Question ID: 732533
I am a doctor qualified from India and currently working in UK.
I have got a surgery residency in University of Pennsylvania, which
has applied for my H1B visa and will be sending me I-797 form.
As I hold the Indian passport, Can I apply for H1 visa in London
embassy or is it only possible to apply for H1b from home country?
Subject: Re: H1B visa application from outside country of origin
Answered By: hummer-ga on 26 May 2006 06:16 PDT
Hi suppal,

Unless you are a permanent resident of Britain, you should return to
India to make your application (make an appointment first). Applying
in the UK as a TCN (Third Country National) would complicate your
application, namely because of the security check. So, although the
London consulate may accept your application, it would be better to go
back to India.

Applying for a Visa
"Applicants for temporary work visas should generally apply at the
American Embassy or Consulate with jurisdiction over their place of
permanent residence.  Although visa applicants may apply at any U.S.
consular office abroad, it may be more difficult to qualify for the
visa outside the country of permanent residence.  As part of the visa
application process, an interview at the embassy consular section is
required for visa applicants from age 14 through 79.  Persons age 13
and younger, and age 80 and older, generally do not require an
interview, unless requested by embassy or consulate.  The waiting time
for an interview appointment for applicants can vary, so early visa
application is strongly encouraged.  Visa wait times for interview
appointments and visa processing time information for each U.S.
Embassy or Consulate worldwide is available on our website at Visa
Wait Times, and on most embassy websites.  During the visa application
process, usually at the interview, a quick, two-digit, ink-free
fingerprint scan will be taken. Some applicants will need additional
screening, and will be notified when they apply."

"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..." 

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."

H-1B  Travel Regulations
"If you do not have a valid H-1 visa (and are not a Canadian citizen),
you will need to apply for a visa at a U. S. Consulate overseas. You
will need items 1,4, & 5 above. Remember, it is easiest to obtain a
visa in your home country. If you have ever stayed beyond the date
allowed in the U. S., you may be required to go to your country of
citizenship or permanent residence in order to obtain a visa for the
U. S. Do not give the original I-797 to the Consulate when applying
for a visa. Bring the original to present to the consular officer but
leave only a copy of the I-797 with your application. You may need the
original I-797 in the future and it is extremely difficult to replace." 

Websites of U.S. Embassies, Consulates, and Diplomatic Missions
? India: New Delhi
? India: Calcutta
? India: Chennai
? India: Mumbai

I hope this helps. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.

Thank you,

Google Search Terms Used: uscis h1b visa application
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