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H1B stamping in Canada

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  • H1B stamping in Canada

    My H1B visa stamp/petition expires in december 16 this year. Can i go to Canada for stamping with my new petition in november?

    as my visa stamp didnot expires, will they say you have to apply after expiration ?
    or will they accept my application for new visa stamping?
    or will they accept my application for new visa stamping and if RFE then can i come back to US until RFE is resolved?


    Thank you very much for your help.

  • #2
    You can certainly apply for the Visa anywhere after your petition is extended. Whether your current Visa has expired or not makes no difference.

    However, they may put the application into Administrative processing for reasons like employee-employer relationship or technology alert list or name checks. If that happens you can return to US only if your current Visa has not expired at that time.
    This is my opinion and not legal advice.

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