H1B Stamping questions - please help

[kiran117]

Hi,

My H1B visa is getting expired in August 2012 from my past employer. I have couple of questions

1. How many days before can I travel from India to US before the visa expiration date ? Is there any restriction that I should travel 1 week or 2 weeks before my visa expiration date ?

2. I am planning to go for H1B visa stamping in vancouver, Canada. Is the chances of getting stamping in vancouver, Canada better than in India ? If there is any other places then please suggest me.

3. If I go for stamping in Canada & if there is some problem like 221g, etc then Can I come back to US since my existing Visa is still valid ?

I am planning to go for H1B stamping if my existing visa is not cancelled . Do the VO cancel the existing Visa if there is some problem with the new H1b stamping ?

Waiting for the reply..

Thank You very much.

[shervin143]

1. How many days before can I travel from India to US before the visa expiration date ? Is there any restriction that I should travel 1 week or 2 weeks before my visa expiration date ?
>>> You can return back anytime before your petition and visa remains valid. Usually the I-94 will be issued based on the petition expiry date. However there are chances that you may get the I-94 based on the visa expiry date in which case you need enough time to file the extension after entering U.S. So advisable to enter a bit early just in case rather than taking a chance.

2. I am planning to go for H1B visa stamping in vancouver, Canada. Is the chances of getting stamping in vancouver, Canada better than in India ? If there is any other places then please suggest me.
>>> Every place is the same. As long as you have the documents in order, you should be able attend the visa interview at any U.S consulate.

3. If I go for stamping in Canada & if there is some problem like 221g, etc then Can I come back to US since my existing Visa is still valid ?
>>> The first thing that they will do is cancel the existing visa before issuing or declining a new one. So if your existing visa in the passport remains valid after a 221g (highly unlikely), then yes.

I am planning to go for H1B stamping if my existing visa is not cancelled . Do the VO cancel the existing Visa if there is some problem with the new H1b stamping ?
>>> Yes. Read the above answer.