Can we apply in different country for the H1B re-stamping process ?

USA H1B Visa
1

Hi,

I am a French citizen and have a valid H1B document till October 2018. I was on a business trip to China, and when about to board on the plane back to the US, realized that my actual stamp in passport wasn’t valid anymore, so they advise me to do the re-stamping procedure in China, and I did, give all the document, got the interview, and when I asked how long it would take they told me " about 3 weeks" . I then realized that the business visa I used to travel to China (30 days) will be overdue before I get the US visa. The Visa office in Shanghai then told me, " just go and get an extension at the local police, while the administrative processing is going through for the re-stamping process". Then they gave me a 221g yellow paper, saying that I will need to mail the passport to the US consulate in Shanghai, once I got the extension.

Then sure thing, the Chinese local police will not budge and do not want to give me an extension, for the business visa, and this will expire for sure before I get the re-stamping done. This is where I currently am, and not sure what is the best course of action.

I am actually thinking of going back to France, where I can stay indefinitely without issue, and start again the process of re-stamping, but I already paid the processing fees in Shanghai, with the DS-160, and all the paperwork, will that be an issue ? having the process being done twice at the same time ? Can I transfer the processing from Shanghai to Paris ? I am not getting anything from the visa office here in shanghai.

I was also thinking of going back to France, and asking for a new business visa for China, but they might just say no again, and might black-listing me at the same time , barring me from china in the future.

Thanks

2

So sorry to hear that you are stuck in a third country. You should be careful when travelling abroad specially when dates on visa are about to expire. From what I understand, you have been denied US aircraft boarding in China because of expired H1B visa. Can you get a letter from your employer that you are urgently needed in the US and then apply for ESTA (http://www.esta.us/france-esta.html)? It is an online application. Transferring H1B to France will delay matters but at least you have that choice as Plan B. If ESTA is approved, just leave the country and return to US. Your first visit on Monday should be to the France Embassy in Shanghai. Get their advice. On the same day, plan a visit to the police headquarters in Shanghai, I think it is in Pudong and goes by Public Security Bureau and very politely request them for the Chinese visa extension. If you don’t speak the language, it will be helpful if you are accompanied by a Wu Chinese interpreter. This person should be older (60+) and male. On Tuesday, plan a trip to the US Embassy and speak with the cultural attache there regarding your problem. If nothing works for next 14 days (or whenever the China permit expires), return to France and continue processing the H1B as a French National. Your application will be transferred but a refund will not be possible.