H1B Visa Stamping - Help Please

[Nickey]

Hi All,:D

Please help guys i am confused very much, not able to decide what to do . Please answer my questions with whatever knowledge you have on them.

I am living in UK from 2004 and i got my ILR in June 2013, i am eligible for British Citizenship in June 2014. I have a US 10year B1/B2 visa valid until 2020 and visited USA twice. Initially 5 years ago when i applied for F1 stamping in london they asked me to apply from my home country and then got rejected when applied in India. Now my H1B application has been approved this year which is valid for 3 years.

My questions are -

1) If i go for H1B stamping with my Indian passport and if approved can i transfer it to my British Passport

2) What are the chances of approval if i apply with my British Passport in July 2014

3) What if i travel to USA on my B1/B2 and change my status there in USA and then later apply for British Passport

4) Say if i leave to USA in Jan 2014 on H1B(if approved). In order to apply for British Passport later, do i need to stay here in UK further 12 months or Since i have already lived in UK for 6 months on my ILR, can i stay for remaining 6 months and apply?

Thank you all in advance.

[lifofifo]

1. I was told by my solicitor that it's not needed. But there's conflicting information on the web. So better consult with the solicitor that processed your H1B.

2. IMO, your nationality is irrelevant when it comes to H1B.

3. Sounds complicated. Not sure what you are trying to achieve by this.

4. You will not qualify to apply for the British Citizenship as you cannot be outside the country for more than 90 days in the last year of your qualification period.

[Nickey]

Thank you very much lifofifo. i will consult with the solicitor.

[lifofifo]

Do let me know what you end up doing!

[VR]

Nickey,

If your H1b is approved get it stamped on your Indian Passport only

if you are planning to begin work in USA from Oct-13.
If you move the USA then keep in mind that you should not exceed 90 days outside UK in the last year before you apply for naturalisation so this is ruled out.

Regarding Stamping on Indian Passport and then transferring the stamp onto your british passport this has been done over the years and is not an issue.

Another aspect you should keep in mind is that it will be advantageous to transfer the stamp over to your British passport as the queues for Indian and Chinese Passport holders for Green Card is massive compared to a British National which is a fraction of the time.

Regarding your stamping you do not have to go to India to get it done as you are a permanent resident of UK though holding an Indian passport.

They are really strict. Make sure when you go for stamping you have all the required papers. (All this is the result of your countrymen misusing the system over time).
cheers
vr

PS: If you applied on an Indian Passport do not delay getting it stamped as even if you apply after getting a british passport it will arouse suspicions on your intentions and you are likely to be rejected.

** Unless you get a personal referral of a good US immigration solicitor from someone who has used in the past, dont waste your money as they will pick your purse without any real value addition for you.

[lifofifo]

Another aspect you should keep in mind is that it will be advantageous to transfer the stamp over to your British passport as the queues for Indian and Chinese Passport holders for Green Card is massive compared to a British National which is a fraction of the time.

This is not true. Country of chargeability for green card is always your country of birth and not your citizenship.

[VR]

True for the Lottery but when you are applying through I-140 route what I mentioned is valid. If there is any information you have to prove the contrary please share.
cheers
vr

[lifofifo]

True for the Lottery but when you are applying through I-140 route what I mentioned is valid. If there is any information you have to prove the contrary please share.
cheers
vr

http://www.uscis.gov/portal/site/uscis/ ... 2ca60aRCRD

[VR]

Lifofifo,

This is interpretation. Historically the demand for Visas has been high from Countries like India and China and the route for settlement was either Lottery or H1b followed by Green Card Application. For Lottery there have been cases were Indians settled in Africa were able to apply and get through.

Nationality is identified by the passport one holds and when a person surrenders his Indian Passport for a British one he ceases to be an Indian National. Thereafter he is British Period.

In the link you provided there is no specific wordings to say that demographics will be considered for the purpose of Green Card instead of nationality. Country of Origin as per the Records INS will have is H1b Granted to Indian Passport holders, British Passport Holders, Canadian Passport holders and so on.

I will get this clarified through an immigration attorney in the US now and shall update.
Best Regards,
VR

[VR]

Lifofifo,

You were right. I have it confirmed.
cheers
vr

[VR]

Lifofifo,

I am a little unconvinced about this country of chargeability logic. I have requested further information from my connections in the US.

Just let us look at this example

Say a British Diplomat and his wife are stationed on duty in India or China. If they have a baby whilst there it will be a travesty to say that when applying for a green card later the parents will fall in the british queue while the child will fall in the India or Chinese queue which will mean waiting for another 10 to 12 years.

Also I have specifically asked a query whether the Diversity Visa scheme applies to Green Card lotteries which seek to specifically grant settlement based on demographics. I was wondering if it would be logical to bring in the demographics into consideration when the settlement is to happen through the employment route which is H1b at the moment with various categories under it.

I shall update in due course. Its a massive labrynth of rules in America and getting around them and trying to understand them is a marathon.
cheers
vr

[lifofifo]

http://immigrationanswerman.com/2012/11 ... -bulletin/

[VR]

Thanks Lifofifo!

[lifofifo]

No problems!

Lets just hope the new immigration bill passes and the whole chargeability nonsense would become a thing of the past

[VR]

Dear Lifofifo,

The immigration bill will drag on and on is my gut feel. Its not going to be straightforward as you or me would wish it to be. But yes lets hope a clear pathway for settlement appears somewhere on the horizon.

Best Wishes
VR

[Ralf123]

Hi All,

Please help me. When applied for H1 B got picked in Lottery and my passport status was Indian, But now changed to British.

Question: Do I need to go for H1 B Stamping in India or UK ? OR Do I need to apply fresh H1 B Petition for year 2015 - 16 ?

Thanks in Advance
Ralf

[v2rfrendz]

Hi all,

My sister has been in the U.S. For over 8 years now and plans go visit the UK for a few days. She needs her H1B visa stamping in London. Has anyone had any experience with getting their H1B visas stamped in London?
Any suggestions would be most welcome.

Regards,

v2rfrendz