H-1B stamping in India or Canada?

[VijayUS]

Hello Experts,

PRESENT SITUATION: I am Vijay currently working with a Big 4 American consulting firm in the US. I have been in the US since 2007. I recently changed my job from an Indian IT firm to this US consulting firm. I got my H-1 approval notice and temporary I-94 which is valid till 2014. Just FYI that , my stamped H-1 with earlier firm has expired.

PROBLEM: I have to go to India for 2 weeks in November. To enter back in the US I have to get my passport stamped. I am yet to take an appointment in Delhi consulate. My employer has warned me that recently there have been many cases where consultant's visas have been put on hold for upto 120 days. If I go to India I may not be able to enter US for around 4-5 months. The other option is that I get my US visa stamped from Canada but for that I have to first apply for Canadian visa.

I have two questions:

1) Although it cannot be predicted for sure, but have there been too many cases of "Visa put on hold" off late (especially for people with consultant in their designation)?
2) Is canada option a viable option? I am not sure whether I am eligible for Canadian visa given that I dont have valid stamped US visa on my passport currently

Please help
Thanks
Vijay

[shervin143]

Canada is an option.

https://www.immihelp.com/usa-visas/visastampingcanadamexico/

If you receive a 221g in Canada, you might get stuck there for more time or might have to go back to your home country from there. So be prepared in case that happens.

[VijayUS]

221g in India

Thanks a lot Shervin. Can you also let me know regarding my following query:

1) Although it cannot be predicted for sure, but have there been too many cases of "Visa put on hold" off late (especially for people with consultant in their designation)?

Thanks
Rahul

[shervin143]

There have been a lot of cases recently who work on the EVC structure. If you work directly for the client, then the chances of 221g is very less. It is less for EC compared to EVC. If you are a consultant, then it is advisable to pick a consulate other than Delhi since most of the EVC cases are put on 221g there.

Thanks a lot Shervin. Can you also let me know regarding my following query:

1) Although it cannot be predicted for sure, but have there been too many cases of "Visa put on hold" off late (especially for people with consultant in their designation)?

Thanks
Rahul

[VijayUS]

Evc?

Hi Shervin,

Thanks a million for your guidance. Just one last follow up question. I am a full time employee (title: Snr. Consultant) with the Big 4 consulting firm. I usually work for the client but now a days I am on bench. Am I still under EVC structure??? I mean, I am currently not working for a client. Will I be considered differently or the treatment will be same as EVC? Please let me know

Thanks
Vijay

[herocyber007]

Good Information

Thank you this is good information, that i was looking for.

Is it Ok to directly go to India from Canada after stamping (without returning to US) ? Will there be any issues with I-94 submission or anything else

[shervin143]

There is no such thing as bench when you are in H1B. As long as you are getting paid now, you are not considered to be in bench. If you are not getting paid, then you are out of status and it is never advisable to go to Canada/Mexico when you are out of status. If you are working on an internal project for your employer now, then carry the respective documents for that. If you are going to say that you do not have any work at your comnpany for now, then it will be a problem.

Hi Shervin,

Thanks a million for your guidance. Just one last follow up question. I am a full time employee (title: Snr. Consultant) with the Big 4 consulting firm. I usually work for the client but now a days I am on bench. Am I still under EVC structure??? I mean, I am currently not working for a client. Will I be considered differently or the treatment will be same as EVC? Please let me know

Thanks
Vijay

[shervin143]

You can do that provided you have returned all your I-94s before leave U.S. If the trip is a short one (assuming you will return back to U.S from Canada), then they will ask you to keep the same I-94 and use the same upon your return. You have to tell the officer clearly that you are planning to go to India from Canada, so you want to surrender the I-94 and get a new one upon your return.

Thank you this is good information, that i was looking for.

Is it Ok to directly go to India from Canada after stamping (without returning to US) ? Will there be any issues with I-94 submission or anything else