Indian Passport: L2 to H1 consular visa stamping in Hong Kong

arora · January 2, 2020, 6:10am

I am working on L2 EAD expiring in 1 week.

My 1st time H1B was approved in Oct 2019 this year under consular processing with consulate/POE as NEW DELHI.

Can I go to Hong Kong (due to easy availability of dates) for getting my H1B stamped.

I couldn’t find any third country national specific (TCN) restriction on HK website of US consulate like Mexico. I am aware that this is not possible in Mexico/Bahamas. Canada is possible but dates are too far like 2+ months. Even India dates are 30+ days.

Thanks,

anil_am22 · January 2, 2020, 10:38am

Hi @arora

You can go to Hong kong if there are no first time H1B visa restrictions there. But, there is high risk of getting form 221g.

My suggestion is to either go to Canada or India (home country).

arora · January 2, 2020, 2:19pm

Hi @Anil.Gupta

What can be the reason for 221g.

I moved from Hong Kong to US few years back. My L2 was stamped there initially.

Also my current L2 EAD employer has filed my H1.

My previous employment was in Hong Kong only.

If i am able to show ties with Hong Kong and the fact that my employment is with direct client from almost 3 years, do you think that reduces chances of 221g ?

anil_am22 · January 3, 2020, 2:51am

Hi @arora

The major reason for form 221g in third national countries is verification of education documents.

In most cases, the visa officer is not able to completely understand the educational background or have never heard of your institution name and would issue form 221g to borrow more time.

It does not mean that all cases get form 221g. I am just saying that chances are high for form 221g.

You can give it a try if time is a concern. If you don’t get form 221g, you will gain time and if you do get it, then you will probably be waiting for same amount of time that you would wait for visa interview in India anyway.

arora · January 3, 2020, 3:53am

Thanks @Anil.Gupta for your valuable comments. My plan is that if 221g is issued, I will abandon the visa stamping process and come back on L2 visa (& wait for my EAD). Pls let me know if you see any issue with this approach.

In this case, later I will move to H1B thru consulate in India.

anil_am22 · January 3, 2020, 5:55am

Hi @arora

What if the consulate cancels all your existing US visas? It all depends on US visa officer’s discretion as to what he thinks after your interview.

Do not assume things.

arora · January 8, 2020, 11:54am

Hi @Anil.Gupta,

Thanks for your forum.
I had H1B stamping interview on 7th Jan 2020 in Hong Kong and collected stamped passport on 8th.
Since I am already employed from 3+ years with same firm that filed my H1B, I was lucky that my case didn’t go through any extra checks/scrutiny.

Also fingerprinting was done just before interview saving me a day in HK.

My L2 visa is also intact.

Best Regards

anil_am22 · January 8, 2020, 6:19pm

Congratulations and thanks for sharing your experience.

arora · January 8, 2020, 11:46pm

Thanks @Anil.Gupta. I will enter US on H1B i94 in 1-2 days.
My L2 EAD (filed in Oct 1st week 2019 Vermont) is still in progress. Will that be terminated now ?

In case I received L2 EAD, How can I move back (change status) from H1B to L2 and use this EAD to work as this will not be counted to my H1B 6 yrs tenure.

Best Regards

anil_am22 · January 9, 2020, 5:49am

Hi @arora

You are mistaken. All your time in US is counted towards H1B 6 year time. Its your physical presence that matters.

You will have to file L2 change of status application which can take upto an year to get approval. You cannot use L2 EAD unless L2 COS is approved.

You will need an approved i140 to keep extending H1B beyond 6 year time.

arora · January 9, 2020, 10:55pm

Seems L2 time do not count towards H1 time.
https://www.litwinlaw.com/Important-Announcements/USCIS-Memo-Time-in-H4-and-L2-Status-No-Longer-Counts-Towards-H1-or-L1-Time.shtml

anil_am22 · January 10, 2020, 3:16am

That’s interesting. Thanks for sharing. I did not knew about this memo.

Aneesha · March 31, 2020, 8:18pm

I was trying to search this on the uscis site.Did you manage to locate this?

arora · March 31, 2020, 9:27pm

Time spent as an H-4 dependent does not count against the maximum allowable period of stay for principals in H-1B, H-2, or H-3 status.

Aneesha · March 31, 2020, 10:08pm

Thanks.This is for H dependents.
Any link for L2 dependents?

arjun_sigadam · September 9, 2022, 9:06pm

Hi @anil_am22 .

I am on H1B , I am visiting Hongkong for a business trip. Can I get my visa stamping done in Hong kong US Embassy ? If yes what all documents they generally ask since i am not a resident in there