H1-B Toronto Consulate ( I-797B, no I-824 Filed)
Since I read immigration portal often, seeking for similar incidents like mine and getting relevant information all the time, I decided to post my H1-B visa experience here.
This is my first H1-B, (US Degree, F1 Status). When my petition was approved, I received a I-797B. Change of status was not approved, not sure why but probably due to expiration of OPT (31st May 07), don't quote me on that, I never left the US during the H1-B application or someother reason. Anyway I decided to enroll in Kaplan, (great idea for a backup), Since Visa appointments are hard to get in my home country, infact US Visa is very difficult, since you have to prove... etc, I had no plans to get my visa from home, as stated on my I-797B but it also states if you're changing consulates, you need to file I-824 or something. Those who have I-797B know what am talking about. just read the fine print.
So basic facts... USCIS has a backlog of I-824. When I did my research, USCIS was processing I-824's for Dec 2005, hope they're now on 2006. Filing that document was not an option, but hey I hadn't ruled it out completely since I noticed from some postings here, or other site, that folks like me had filed the I-824 (which is now approx: $300)and used the recipt at the consulate.
I didn't want ot spend the money, obviously also talked to my lawyer friend to get his opinion, and he didn't think it was necessary to do that, although he wasn't sure. There is no 100% answer here, so I decided not to file.
Luckily my company plans fell through and I went to canada, on a canadian work permit (So school option was out, I'd enrolled in school for now a month)
On September 7th 2007, With all my heavy package full of all documents that support my petition, originals dug from every corner, believe me, I was leaving no stone unturned, I headed out to the american consulate in Toronto for my 8:00am appointment. Got lost, arrived at 8:15 or less.
So this is the part your waiting for huh? Well when they say you'll be at the consulate for 2hrs, believe me it is 2hrs. I was there for something close to 2 hours, and only talked to officials for a total of 5minutes. So the other 55minutes, or 45minutes, depending on how long I was there, I was just waiting in line.
On entrance, you're asked for your forms (DS 156,157) and put them in the folder given. The lady never asked for my H1-B, but figured it made sense to include it. Then I was on my way to the waiting line.
Was in line for maybe 10-15 minutes, and walked up to the window. The lady there was very polite and wonderful, She only told me "You're applying for H1-B", I answered "Yes", she glanced at my I-797, then looked at my DS-156, I had my home country address, she asked me to change it to a canadian address since I was now living in canada, and also change my number. That took 1.5 - 2 minutes.
I was off to another wait, this wait was long for about 30 or 35 minutes, my name was called for fingerprinting. I went, said "Hello" and quietly took my finger prints, this was about a minute and I was back to waiting
Another 40-45 minutes later, I was called to the final window. Guess this is where the interview takes place. well not to disappoint you I was there for 2minutes, if you include the time it took for me to walk from my seat to the booth or window, then say 5 minutes.
am a slow walker, you might say.
She asked me... "So you where F1, what school?" I told her, then "When did you graduate", "What did you do then" I answered "OPT", then she said, we're done.
By now you've noticed that my heavy package with all my supporting documents, has not at any one point been asked for. Each experience is different, it is important to be prepared and wish all of you the best.
Oh, btw, I didn't notice this till later, but somewhere along the way, My F1 Visa was stamped "Cancelled without prejudice".
Hope this helps, someone.