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bbspeterlee
Jun 18, 2009, 07:13 AM
Hi,

I got something very knotty involved.

My nationality is Chinese, and I don't have any Permanent Resident status in other countries.

A company in the US file the 2010 H-1B for me, and the petition has been approved. I have everything at hand now to apply for the H-1B non-immigrant work visa.

The issue is:

I'm now working in the Republic of Singapore, and I checked the US consulate in Singapore, finding:
faq12 - U.S. Embassy Singapore (http://singapore.usembassy.gov/faq12.html)
During the visa interview, a Consular Officer is required to assess the bona fides of the applicant and the likelihood that they will return abroad from the U.S. If the applicant is applying in Singapore, the Consular Officer will be looking for significant ties to Singapore which would encourage the applicant to return to Singapore. Applicants from other countries will have an extremely difficult time in showing these types of significant ties to Singapore and would do better to apply in their home countries

And our attorney in the US company also strongly recommends me to apply in my home country (China).

I could request some several PTO days from my current boss, and then go to China for the application (visa interview)

However, due to my major (Physics), there is a big possiblitiy for me to get the so-called "Held Pending Administrative Processing":
Held Pending Administrative Processing - "U.S. Consulate General Shanghai, China" (http://shanghai.usembassy-china.org.cn/pendingadiministrativeprocessing.html)
Receiving the card does not mean that your visa has been approved. It merely indicates that the Consulate is keeping your passport while we complete the administrative processing. If you need your passport for travel, please tell the officer at the time of the interview and we will make special arrangements.

Which means, if the so-called "Held Pending Administrative Processing" really happens to me, I cannot return to Singapore (The processing time usually lasts three to four weeks.)

So what should I do?

Thanks.

DCcityboy
Jun 18, 2009, 08:54 AM
Generally, you can apply for a visa outside your home country if you are in that country lawfully, in this case you are a TCN (third country national), and you have work authorization in Singapore. Contact AMCON NIV section to confirm they will accept you as a TCN and apply.

I trust this is responsive to your inquiry.

bbspeterlee
Jun 18, 2009, 06:24 PM
generally, you can apply for a visa outside your home country if you are in that country lawfully, in this case you are a TCN (third country national), and you have work authorization in Singapore. contact AMCON NIV section to confirm they will accept you as a TCN and apply.

i trust this is responsive to your inquiry.

Hi,
Thanks for your reply.

I'm working here lawfully with an Employment Pass.

I made a call to them, definitely, and I was told that I could apply here in Singapore.

My concern is:
faq12 - U.S. Embassy Singapore (http://singapore.usembassy.gov/faq12.html)
During the visa interview, a Consular Officer is required to assess the bona fides of the applicant and the likelihood that they will return abroad from the U.S. If the applicant is applying in Singapore, the Consular Officer will be looking for significant ties to Singapore which would encourage the applicant to return to Singapore. Applicants from other countries will have an extremely difficult time in showing these types of significant ties to Singapore and would do better to apply in their home countries

And our attorney in the US company also strongly recommends me to apply in my home country (China).

I don't have any tie to Singapore now.

DCcityboy
Jun 18, 2009, 09:08 PM
Then do as the attorney advises. Good luck.