Sunday

Applying for an H-IB Visa at a Consulate outside your Home country

You can basically apply for an H-IB visa anywhere at any consulate. But you probably will have better luck in your own country or consulate since "'consulate shopping' is viewed with suspicion and is frowned upon." However, if you have ever overstayed your visa by even one day in the U.S. you must apply for your H-1B visa in your own consulate. And you may not get one for the simple reason that overstaying your visa even for a day could subject you to a 3 or 10 year bar. If you were present in the U.S. with a student visa, then you may be able to get around the general rule since that is not treated as harshly as other types of situations. So if when you entered the U.S. your passport was stamped with a D/S on your I-94 card, then you may be able to apply for an H-IB visa anywhere, including in the U.S.