regardin process

[rockz]

hi guys ,

My case is i am MS in Computers on my OPT currently and its has expired i am currently in my Recess period of wht u call 60 days or somethg
My H1 is filed already awaiting approval ---------hopefully soon
now my Quesiton is once I get approval my employer is sayin i need to go to my homeland country INDIA to get H1 stamped ? Just bcoz i am out of status or somethg ? as U know the condition for Visas in india i am a bit apprehensive
Is This True
can we do it from Canada?
Just keepin my mind my exact case can u guys help me out ------plzzzzzzzzzzzzzzzzzzz
Can any one haviin knowledge and info in my case can u please guide me

[topcatin]

You can start work only on the start date mentioned on your H1 which is oct1st 2007 at the earliest. You cannot work during grace period. Yes you have to get your visa stamped in your home country. Canada is an option but in worst case there is a problem you have to go back to your home country and get things sorted out directly. You cannot return back to US from Canada in such a case. Some people go to Canada though..its a risk you should be willing to take.

[rockz]

OPT expired......

Ok but now my OPT is expired and Once in October i get my H1 Approval can i get my H1 stamped from Cananda
I am only asking this quesiton coz i am out of status now so once i get H1 Approval letter in hand, can i get it Stamped from Canada
coz thr have been so many cases wheere in India chances may not be fair due to crowd and i may not get a fair chance

If i go to Canada Get it stamped from there and go to India does it look fine
Can u explain me exact scenanio keepin my case in mind

thanks

[topcatin]

Yes you can go to Canada. No doubt on that but just bear in mind if they for some reason ask more documentation or worst case rejects it , you have to go to India and get it done. I dont not know about whether that is good or bad. But it all depends on how you speak and your documents. You be honest and confident and upfront ..your fine be it canada or india or timbuktoo.
You can mess up in any of these places.

[rockz]

OPT expired

Yes ok Then u are saying
Canada is taking a chance ok fine
then once i leave to Canada can i return back into USA directly if stamping is done H! i mean or i need to Go india visit and come back
Why i m asking Most times people book ticket to india via canada get Stamping done and visit india and return back ----------so whts Catch?

Just askin can we return directly to US from Canada once stamping is done

[topcatin]

Yes once your visa is stamped in Canada you can return to the US directly.
I was saying that in Canada if they reject or say "we want more bla bla bla"..then you cannot return to US but to India and get things sorted out and come back.

[rockz]

OPT expired

IS IT NECESSARY TO GO TO GET THE STAMPING DONE AS SOON AS I GET THE APPROVAL ON OR BEFORE OCT 1ST.........OR CAN I CONTINUE STAYING AFTER I GET THE APPROVAL......
ONCE i GET APPROVAL SHUD I DO STAMPING IMMEDIATELY or DO IT AFTER I PLAN TO ?
MY QUESTION IS??/ DO I HAVE TO NECESSARILY EXIT NOW BEFORE OCT 1ST?????
till i officially make plans to go ou t to india. people usually stay here in US and then when they have to go to india...they get the stamping done in canada and then visist india and then enter america
can u tell me about this?

[topcatin]

There is no time limit to get your h1 stamped and no deadline or anything.
If you want you can eventually be with this H1 approval till Oct 2010 (expiry of your h1) provided you dont leave the US. You need to have it stamped for re-entry into the US. What people do about canada and stuff is their own choice or their own plans. They probably do that if they run into the case of getting rejected in Canada,then they have it all planned to go to India. But there may be some who just get it stamped in Canada and go for vacation to India. It is irrelevant, I mean once you get your visa stamped in Canada, you can go how many ever times you want to india and come back within that time frame of 3 years. Oct 1st 2007 - Oct 2010). The main thing is for re-entry. If you dont plan to visit India for the whole 3 years, you can just sit back with this approval here in the US...nothing wrong in that.
If your OPT expires before Oct1st 2007 and I understand it is and your grace period gets expired you have to return back to India.
So if yours expires on August 30th, you need to leave the US and re-enter on H1 after stamping in India on Oct1st. I think you can re-enter 10day before your h1 starts.you need to check on this.

[rockz]

OPT expired

What u said ? ------------------------------------------------------------------------If your OPT expires before Oct1st 2007 and I understand it is and your grace period gets expired you have to return back to India.
So if yours expires on August 30th, you need to leave the US and re-enter on H1 after stamping in India on Oct1st. I think you can re-enter 10day before your h1 starts.you need to check on this

Can u elaborate on this this is whole confusion for me do i need to Exit country or not if yes then when

My OPT has ALREADY expired , i m on my recess period 60 days
awaiting H1 rite? If i get approval before October 1st then wht
and after October 1st then wht ?
an u give my exact clarity on this

[topcatin]

if you get approval before oct1st, it doesnt make a difference, you are authorized to work only from Oct1st. Many people say that you can work once approval has come which is not true at all. If your h1 start date is Oct1st, thats the day you can start work.

You are now on grace period and keep 58 days as the grace period. I have been advised not to make full use of the 60.
but after this 60 days you will have to leave the country and re-enter with your h1.this re-entering am not sure when it can be done. But I believe can be done 10 days before oct1st.Find out about this.