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H1B re-stamping in 2 different country at the same time ?

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  • H1B re-stamping in 2 different country at the same time ?

    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
    Originally posted by laukev19 View Post
    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
    You can always call the visa office in Shanghai and ask them what you should do and maybe they can advise about transferring the process to Paris or how to best handle this type of situation, advising them that you are unable to get an extension on the business visa.

    If they will not give you an extension on the business visa, they cannot expedite the re-stamping, or they will not advise, then you should to go back to France and deal with it from there. Accruing unlawful presence anywhere, I would strongly advise against.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

    Trinity71

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