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First Time H1B Stamping, Canada or India for my Situation?

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  • First Time H1B Stamping, Canada or India for my Situation?

    Hello Everyone,

    I came to US in Dec 2006 on F1.

    Graduated on Dec 2008.

    Joined a consultancy -- From Dec 2008 to April 2009---> Has an offer letter with the consultancy that says i am a trainee, i never worked on a project and never have a pay stub from them.

    May 2009 -- Got a fulltime job

    Oct 2009 -- H1B approved.

    I have all the paystubs from May 2009 till date. But clearly my OPT has 90 days of unemployment period. Now my company head is asking me to go to CANADA or MEXICO for H1B stamping and then go make a trip to India later this year!!

    Do you guys think its a good idea to go to CANADA for Stamping or is India better?

    Is my 90 days unemployment period gonna effect my visa?

  • #2
    Given your circumstances and issues, home country might be a better option for stamping.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks a lot for your reply,

      If you don't mind, can you elaborate on this. Like what might be the risks in going to Canada, or why were u suggesting Canada!!

      I would tell the same to my boss and may be convince him.

      Comment


      • #4
        can anybody help me more with more info pls?

        Comment


        • #5
          US consulates in Mexico no longer accept change of status cases. Even in Canada it is scrutinized. If Visa is denied in Canada you will have no choice but to leave for home country. If you want to try Canada is okay, otherwise wait for India trip.
          This is my opinion and not legal advice.

          Comment


          • #6
            I agree with kabkaba. Now a days, based on lot of queries, it will be a big risk to go other than home country.

            [Note:- I am sharing my views, contact your attorney for the best advice]

            Comment


            • #7
              @milda

              I am also planning to visit canada . I have visa expired and have I797 extended for next 3 years. Please share your thought is it good option to visit canada and get stamped..

              Thanks in advance

              Comment


              • #8
                First time H1b stamping has to be in home country. it cannot be in canada or mexico..

                There are lot of people who travelled there and had to return

                GO to india if that is ur home country for stamping..

                GOd bless India

                Comment


                • #9
                  Nothing wrong in going to Canada if you have all necessary docs.
                  But what I read and heard, currently if you have all valid docs, then also, in india, they are taking 1 week to 3 months time to stamp your visa. This time they are taking as your records are not in their some system called PIMS.
                  So, I am not sure about canada but if samething occurs, then you have to be prepared for that kind of stay in canada.

                  [Note:- I am sharing my views, contact your attorney for the best advice]

                  Originally posted by casinovagu View Post
                  @milda

                  I am also planning to visit canada . I have visa expired and have I797 extended for next 3 years. Please share your thought is it good option to visit canada and get stamped..

                  Thanks in advance

                  Comment


                  • #10
                    Thanks a lot for your information, u said " If Visa is denied in Canada you will have no choice but to leave for home country " , i don't understand this, r u saying that rather if the visa is denied in India we can have another opportunity to apply for it or we have another choice isn't it the same?

                    I have one question, my OPT extension is still valid, can i enter to US again on my OPT if my H1B stamping is denied?

                    Originally posted by kabkaba View Post
                    US consulates in Mexico no longer accept change of status cases. Even in Canada it is scrutinized. If Visa is denied in Canada you will have no choice but to leave for home country. If you want to try Canada is okay, otherwise wait for India trip.

                    Comment


                    • #11
                      People all over the forum are saying that we can go to Canada for change of status, but u were telling the opposite way, r u sure the change of status cannot be done in Canada or r u just trying to disguide with false information.

                      Is there any place where it is clearly stated that the change of status is denied in Canada (like a official website or something) so that i can show it to my boss and prove it is not possible. Can you help me with that.

                      Originally posted by sairam_hb View Post
                      First time H1b stamping has to be in home country. it cannot be in canada or mexico..

                      There are lot of people who travelled there and had to return

                      GO to india if that is ur home country for stamping..

                      GOd bless India

                      Comment


                      • #12
                        @milda, you said "Nothing wrong in going to Canada if you have all necessary docs, is this true for the first time H1B stamping too (change of status) or were u just talking about H1B extension.

                        Originally posted by milda View Post
                        Nothing wrong in going to Canada if you have all necessary docs.
                        But what I read and heard, currently if you have all valid docs, then also, in india, they are taking 1 week to 3 months time to stamp your visa. This time they are taking as your records are not in their some system called PIMS.
                        So, I am not sure about canada but if samething occurs, then you have to be prepared for that kind of stay in canada.

                        [Note:- I am sharing my views, contact your attorney for the best advice]

                        Comment


                        • #13
                          @casinovagu

                          Where is ur first time H1B stamping done?

                          Originally posted by casinovagu View Post
                          @milda

                          I am also planning to visit canada . I have visa expired and have I797 extended for next 3 years. Please share your thought is it good option to visit canada and get stamped..

                          Thanks in advance

                          Comment


                          • #14
                            If it is your first time H1B stamping and if you haven't done your studies in U.S, then you will have to go to your home country for stamping.


                            Also, read the very first post in the below thread.
                            http://www.immihelp.com/forum/showthread.php?t=86096
                            Not a legal advice. Use of this information is strictly at your own risk.

                            Comment


                            • #15
                              Thanks a ton sir, i appreciate your precious information, i see u r a senior member and u replied with exact info thanks a lot!!

                              Just out of curiosity, want to ask to a senior member this question, can you please answer according to your experience:

                              this is my profile:

                              """""""""""" I came to US in Dec 2006 on F1.

                              Graduated on Dec 2008.

                              Joined a consultancy -- From Dec 2008 to April 2009---> Has an offer letter with the consultancy that says i am a trainee, i never worked on a project and never have a pay stub from them.

                              May 2009 -- Got a fulltime job

                              Oct 2009 -- H1B approved, never showed any employment during OPT period for my application.

                              I have all the paystubs from May 2009 till date. But clearly my OPT has 90 days of unemployment period. """""""""""""""

                              My questions are:

                              Do you think my OPT unemployment period gonna effect my H1B stamping? Is there any situation where people were denied H1B for having unemployment period or other mistakes during OPT?

                              Thanks a lot for your time.

                              Originally posted by shervin143 View Post
                              If it is your first time H1B stamping and if you haven't done your studies in U.S, then you will have to go to your home country for stamping.


                              Also, read the very first post in the below thread.
                              http://www.immihelp.com/forum/showthread.php?t=86096

                              Comment

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