Canada Stamping (Please Suggest)

[ashwinvisa]

Friends,

I am on L1B visa from Company A and my L1B is valid till April 2013. I am working in states from last 3 years and did L1B stamping (L1B and L1B extension) in India.

Now Company B is going to file H1B for me in April 2011. I am going to do my stamping from Canada. So can anyone guide me with below questions.

1.What is the url of the applicable US consulate in canada.
2.What are their dates and stamping timing.
3.whether they will accept my case for stamping
4.Any applicable canadian visas
5. Any pros and cons of stamping in Canada.

Thank you so much for your time and suggestions.

[shervin143]

Now Company B is going to file H1B for me in April 2011. I am going to do my stamping from Canada.
>>> Is there a specific reason why you want to get the H1B stamped? If the H1B is filed as a COS, you can start working in H1B status from Oct 1st.

1.What is the url of the applicable US consulate in canada.
>>> There are 7 U.S Consulates in Canada. Use google.com to find the appropriate consulate's website.

Calgary
Vancouver
Montreal
Halifax
Toronto
Ottawa
Quebec City

2.What are their dates and stamping timing.
>>> Get into the appropriate consulate's website to figure out these information.

3.whether they will accept my case for stamping
>>> Why not?
https://www.immihelp.com/usa-visas/v...gcanadamexico/

4.Any applicable canadian visas
>>> Yes. Get the Canadian visa.

5. Any pros and cons of stamping in Canada.
>>> If they issue you a 221g, then you might get stranded there for a longer time than planned.

[ashwinvisa]

Actually Company B is filing my H1B as a consular process not COS on April 1st,2011. I am going to india on vacation in August 2011 for 3 weeks. At that time i cant stamp my H1B before sept 20th,2011. so if i come back to states on my L1 in August 2011 then it will effect my H1B at that time and will get H1B invalid. so that's the reason canada is choosen for stamping.

Do you know the 7 US consulates in Canada below which would be the best place to get the H1B stamping.

I really appreciate your quick response to my question. Thank you so much.

[ashwinvisa]

Shervin,

Could you please respond to my reply..

Thanks

[shervin143]

Actually Company B is filing my H1B as a consular process not COS on April 1st,2011. I am going to india on vacation in August 2011 for 3 weeks. At that time i cant stamp my H1B before sept 20th,2011. so if i come back to states on my L1 in August 2011 then it will effect my H1B at that time and will get H1B invalid. so that's the reason canada is choosen for stamping.
>>> Actually you can get the H1B stamped anytime. But you cannot travel to U.S in H1B visa before September 21st. Also, when you go to get the H1B stamped, your L1 might most probably get cancelled. Entering U.S in L1 visa will not invalidate the H1B petition.

Do you know the 7 US consulates in Canada below which would be the best place to get the H1B stamping.
>>> If this is your first time H1B stamping, then it should be done @ your home country. If you already had an H1B, then you can go to any U.S consulate in Canada provided you were never out of status / or accumulated illegal stay. Make sure to carry all the required documents to avoid getting a 221g.

[ashes2010]

Shervin,

Is it necessary to go to canada for first time stamping? I am still confused.

we had discussion on this before on immihelp and on my case, I am an f1 to opt to h1 guy. I never had h1b stamping before.

can I go to canda for first time stamping?

Thanks

[shervin143]

Sorry I missed the point that you were on F1 before. Yes, you can go to Canada for stamping. If you have completed your school in U.S, then you can go to Canada for the first time H1B stamping. If not, then you will need to go back to your home country as it will be hard for the Candian consulate to verify your educational certificates.

[ashwinvisa]

Hey Shervin,

Thanks a lot for the information. I just want to double check that

If i go to india in August for 3 weeks vacation on my L1 Visa and return on L1 visa to states in the 3rd\4th week of August then i dont need to stamp my H1 from India and it also wont effect my H1 petition.

so i can work on my H1 in states from the petition start date. And i need to stamp my H1 whenever my next trip to india will take place.

PLEASE CORRECT ME.

[shervin143]

I don't think you got the point. If your H1B is filed as a COS from L1, then it is never advisable to travel between April 1st until Oct 1st as you will never know what your status will be on Oct 1st. If the H1B is filed as a Consular Process, then you can travel between April and October and enter back in L1 status and continue to work on L1 status. Whenever you want to work on H1B status, you need to leave the country, get the H1B stamped and return back in H1B visa.

[ashwinvisa]

i got your point now....

Thank you so much Shervin. This forum and you really helped me a lot to solve my doubts.

[ashes2010]

Thanks shervin for clearing my doubts on first H1B stamping.

Its great to hear that f1 to opt to h1 person can go to canda for first time stamping.

Thanks and Appreciate your answers.

[ashes2010]

it will be hard for the Candian consulate to verify your educational certificates.----You mean US consulate in canada right shervin???????

[shervin143]

Yes. I meant to say U.S Consulate in Canada.

[txh1b]

Hey Shervin,

Thanks a lot for the information. I just want to double check that

If i go to india in August for 3 weeks vacation on my L1 Visa and return on L1 visa to states in the 3rd\4th week of August then i dont need to stamp my H1 from India and it also wont effect my H1 petition.

so i can work on my H1 in states from the petition start date. And i need to stamp my H1 whenever my next trip to india will take place.

PLEASE CORRECT ME.

Efren Hernandez memo clarifies this situation. If you enter back before Oct 1st on the old status, if the H1b was approved as a COS, your status automatically changes to H1b as of Oct 1st.