H1 Stamping in Canada

[rameshkmr]

Dear Senior Members,

I am a resident of India currently living in Canada and doing my MBA.

My US employer had applied for my H1B when I was in India and the petition got approved. As i was not hopeful of the approval given the economic situation in US, I took the opportunity to pursue my MBA in Canada.

To my surprise, the H1 petition got approved.

I am not clear whether i have to go back to India to take my H1 Visa interview (or) Can i take it in Canada ?

Kindly provide your insights.

Thanks a lot

[shervin143]

For a first time H1B candidate, the U.S consulate in Canada has to evaluate the individual's educational background. It becomes very difficult to do the educational evaluation for a thrid country national unless the person has completed his/her degree in Canada or U.S. For this reason, when a candidate who is NOT a permanent resident of Canada or candidate without a U.S/Canadian degree applied for the first H1B visa, the VO usually ask the candidate to go back to their home country. Since you are already a student in Canada, I would say that it is worth giving a try. At the worst case, the VO will ask you to get it stamped in India.

[rameshkmr]

Dear Senior Member,

Thanks for taking time to provide your comments.

I have explored immihelp forums for People trying to get US Visa when under Student Status.

http://www.immihelp.com/forum/showth...student+canada

• Your sister is on a student visa in Canada. She has no social or economic ties to Canada that can be used to prove that she will return. Yes, she is a student there but that is a situation that can easily be changed. She can at any point decide she does not want to study there and leave. There is nothing binding.
  Since she is in Canada she cannot prove her social and economic ties to India either. It is also a fact that many people have tried to use Canadian visas as a stepping stone to getting into the US.
  So the chances of her getting a visitors visa to the US range from very slim to none.

It would be highly helpful if you can share your views on the following.

1) My intention is to work in US for a couple of years and return to Canada to complete my education. I came to Canada for my MBA as my H1B was not approved then. I believe that a couple of years in US would put me in a better financial position.
But now that I am under Student Status, Have i deprived myself of an opportunity to work in the US ?

2) Will it be better to complete my education and go back to India and shecdule for the Visa interview ? My I29 petition is valid for 18 months wherein i will be graduating in 15 months. Will my H1B petition be valid post my education ?

3) Given your expertise, Do you think i have any other alternative to get my visa ?