H1 Visa stamping experience- Canada

[gemini_85306]

yes. My lawyer told that I can come back on old unexpired visa. But you should check.

Hi,

My H1b visa expires at the end of March 2005. If I go to Canada in Jan 2005 for 2nd H1b visa stamping and for some silly reason if the 2nd H1b stamping in Canada is denied, would I be allowed to come back to the US on previous H1B visa which would be valid until March 2005. Thanks a lot.

You should check with your lawyer. My lawyer mentioned that I can safely come back on the unexpired visa even if the second H1 (extention) application is rejected.

Hope this helps.

 

[ela6]

Hi there,
You will be able to enter back with your old valid visa. (even if they deny you a new visa). At the most they might ask you to go to home country and apply. In which case, generally, they do NOT cancel the old visa. You will definitely be able to come back in (as long as the old visa is valid). Just my opinnion.

Hi,

My H1b visa expires at the end of March 2005. If I go to Canada in Jan 2005 for 2nd H1b visa stamping and for some silly reason if the 2nd H1b stamping in Canada is denied, would I be allowed to come back to the US on previous H1B visa which would be valid until March 2005. Thanks a lot.

 

[NPRao]

Hi,

My H1-B/I-94 expired in June'2004. The Company applied for extension in May and I got the approval/I-94 3 weeks ago and its dated till the end of 2006. I am scheduled for a Business Trip to Montreal in last week of Oct.

Can I take a visitor visa to Canada ?

I am confused with the new visa restamping rules, if I can get my visa stamped in US Consulate in Canada on my trip or have to get it in home country - India. If yes, what are my options if they refuse my visa in Canada ?

I also have another business trip planned to Europe in Nov. Would there be any issues with US-H1B visa stamping while going/coming-back. If we take a visa to one country like Holland, can we visit others countries like Germany/Belgium etc.

I do not have a Green Card. The Company has applied for one and its still in LCA stage.

I read some links here about the 30-day revalidation rule I am not aware of that rule and not clear if its applicable for me.

I appreciate your inputs.

Thanks!

 

[ela6]

First thing, make sure your occupation is not listed in TAL list.If you fall in that list, you have some chance of being chosen for a security check.

If you fly down to Canada, they will take away your new I-94 at the airport. So, if you are denied the visa, your only option will have to fly to India and then apply from there.

On the other hand, if you drive to Canada, (I am not sure about the border formalities there), it MIGHT be possible for you to keep the I-94. If you keep it, then you have a shot at coming back to U.S. (even if your visa is not renewed). When you re-enter U.S., usually, they pay a lot of attention to your I-94 and so, if you have a old visa (not cancelled), you might have a shot. The other key point is that the consular should not cancel your expired visa - even if they do NOT renew it. (they don't generally cancel it anyways, unless they think there is some fraud involved).

Just my opinnion.
Ela

Hi,

My H1-B/I-94 expired in June'2004. The Company applied for extension in May and I got the approval/I-94 3 weeks ago and its dated till the end of 2006. I am scheduled for a Business Trip to Montreal in last week of Oct.

Can I take a visitor visa to Canada ?

I am confused with the new visa restamping rules, if I can get my visa stamped in US Consulate in Canada on my trip or have to get it in home country - India. If yes, what are my options if they refuse my visa in Canada ?

I also have another business trip planned to Europe in Nov. Would there be any issues with US-H1B visa stamping while going/coming-back. If we take a visa to one country like Holland, can we visit others countries like Germany/Belgium etc.

I do not have a Green Card. The Company has applied for one and its still in LCA stage.

I read some links here about the 30-day revalidation rule I am not aware of that rule and not clear if its applicable for me.

I appreciate your inputs.

Thanks!

 

[NPRao]

Thanks for the info Ela.

First thing, make sure your occupation is not listed in TAL list.If you fall in that list, you have some chance of being chosen for a security check.

I am Software/Systems Engineer. I am in Oregon, so my idea was to drive to Seattle get a Canadian Visa (someone told me that I might not get a Canada visa, if I dont have a valid visa in USA, because they dont want to deal with illegal people hanging out there to be deported because the US Consulate denied them a visa. I tried to call the Seattle Canadian consulate today and they do not have any telephone operators to service people and refer to check only the online website where I couldnt find this particular information).

So I have the old passport with visas from my other trips to Holland and previous 2 H1-B's stamps, and the old expired I-94. My new passport has no visas in it yet. I guess I can handover the old I-94 at the border and still keep the new one with me.

I planned to get visa revalidation when I go to India next year for a vacation. But for the official trips, I have to deal with the revalidations now and with the short time notices. I am checking if I go ahead to go to Vancouver to get revalidation or give up on the Canada (October) and Holland (November) trips.

 

[proas999]

Re: 2nd H1b visa from Canada

Thanks a lot, ela6 and gemini_85306. I appreciate it.

 

[Jaguar2004]

Driving or flying make no difference. They check passport and I-94 against electronic database. If you are denied then you have to fly back home. But, if you have all the doucuments and have straightforward case, then you will get the visa.

Good luck

Thanks for the info Ela.

I am Software/Systems Engineer. I am in Oregon, so my idea was to drive to Seattle get a Canadian Visa (someone told me that I might not get a Canada visa, if I dont have a valid visa in USA, because they dont want to deal with illegal people hanging out there to be deported because the US Consulate denied them a visa. I tried to call the Seattle Canadian consulate today and they do not have any telephone operators to service people and refer to check only the online website where I couldnt find this particular information).

So I have the old passport with visas from my other trips to Holland and previous 2 H1-B's stamps, and the old expired I-94. My new passport has no visas in it yet. I guess I can handover the old I-94 at the border and still keep the new one with me.

I planned to get visa revalidation when I go to India next year for a vacation. But for the official trips, I have to deal with the revalidations now and with the short time notices. I am checking if I go ahead to go to Vancouver to get revalidation or give up on the Canada (October) and Holland (November) trips.

 

[ela6]

I am talking at least with respect to Tijuana, Mexico. When you drive/walk across the border, no one takes away your I-94. So, when you get back to the border, you have a chance of getting into the U.S. using the I-94. Whereas if you fly into Tijuana, airline takes away your I-94 and so you won't have a I94 to get back in (without visa).

Usually, most cases are straight forward. So, you may not have any problems
ela

Driving or flying make no difference. They check passport and I-94 against electronic database. If you are denied then you have to fly back home. But, if you have all the doucuments and have straightforward case, then you will get the visa.

Good luck

 

[worker_bee]

Proass999,

I stayed at a Quality Inn (called Quality Inn Airport) which is ~6 miles from the consulate. I met another couple at the hotel who had also come for the visa stamping.

If you read the documents at the Vancouver visa office carefully, it says you can get a new visa if the old visa has already expired or is within 10 days of expiry. I'm not sure how strictly they enfore this condition.

If you drive to Vancouver (which I did) they do not take away the I-94, so in the eventuality of the visa being denied, you'll have a valid visa & I-94 to re-enter the country. But take into account the various other posts on this forum about NOT being able to re-enter even with a valid I-94 and visa, etc. I'm not sure about this issue.

Hi,

My H1b visa expires at the end of March 2005. If I go to Canada in Jan 2005 for 2nd H1b visa stamping and for some silly reason if the 2nd H1b stamping in Canada is denied, would I be allowed to come back to the US on previous H1B visa which would be valid until March 2005. Thanks a lot.

 

[ela6]

NPRao
One thing I did not pay attention to your email is about you handing over the old I-94 to the airlines. I am only guessing here. Airlines is probably going to handover the I-94 that they collect to immigration officials. When the immigration officials process it, they are going to assume that you overstayed in this country (because your old I-94 expired long before the day of departure) and that can lead you into a mess. As I said, i am going only by logic. So, do some research and decide your course of action.

ela

 

[saneesh8]

H1 & H4 stamping in Ciudadad Juarez, Mexico

I would like to share my experience in stamping the visa with everyone and just want to tell you that it is of no problem(not like Canada). First of all i took the appointment for me and my wife at www.nvars.com for the consulate in Ciudad Juarez, Mexico. Then i contacted Victor Garcia for Mexican permit and transportation(www.victorgarciainternational.com). He will tell you what to do in advance. Check http://usembassy.state.gov/posts/mx2/wwwhnivh.html for details about papers you need to take. On the morning, he picked us from the hotel at 7.30 am , and gave the bank drafts for the consulate with Mexican permits. We were inside the consulate by 8.25 am. At all points guards will check your appointment letter. First they will verify the DS 156 & 157 and then the photo session with finger print. After that they told us to wait. Our numebr was called after one hr and the officer was very friendly. He was asking questions like, where do you work, what kind of work you do, do u have any criminal records, where did u get your degree. Then he asked me for the tax returns. I gave him my file which includes tax returns, Pay stubs and all. Then he said your visa is approved and i paid the reciprocity fee. I got my passport back after 30 mins or so. Everything was done before 12.00.

 

[Jaguar2004]

Toronto Experience H1B extension

Hello:

Thought I share my experience. I had the appointment through the cis website and was on time for the interview. There was a long line at 7.30 am. They started to let applicants in around 7.45 am. Inside, we were asked to submit the application forms and supporting documents. I am on H1B and I had previously got the visa from Toronto.

I waited for half an hour. They called my name for interview. I went to the window and the lady was very nice. She asked me to show that I have applied for Labor year ago so that they could give 7th year extension. I was surprised, and I did not have a copy because I was on the beginning of the 6th year and my I-797 approval notice is for the sixth year. I told her that I was not asking 7th year extension and applying for my sixth year and have a pending I-485. She then double checked the I-797 and satisfied. She asked for recent employment letter and two recent paystubs. I showed that and after reviewing she gave those back. Asked me if it is ok for figer printing. I said yes. (ofcourse who will say no ) Then, asked me to pay my reciprocity fee. I paid that and she asked me to come and collect the passport next day between 3.00-4.00PM. I went back next day 2.30 and there was a long line. Around 2.45 they started issuing the passports at the gate. I got mine around 3.00PM.

Return journey through Toronto International Airport. I went to the immigration. (very long line go very early). After usual passport and visa check followed by finger printing and picture. Got the new I-94 stamped and very happy and relieved to be back at home.

Although my case is very starightforward I was quite nervous. After all everything hangs on this visa. I have a project going on at work and Car was at the airport I was not ready to wait for longer than a week in Toronto or go back home to get the visa. I was quite confident I will get visa but was not happy until I saw the stamp on my passport

One thing to notice from my experience is it looks like if someone is looking for the 7th year extension, then they asking for evidence to show either labor or I-140/485 was applied atleast a year before the end of 6th year H1B. It would be a good idea to get a copy of the labor application from your company lawyer if you fall into this category. Also take all the documents to prove your previous status in US so that you would be ready to give it to them if they ask for it. ( some but not all: I-20s, I-94 copies, expired EAD)
Detail list is on the interview letter.

Hope this Helps.

 

[infoplz]

worker_bee,

where does it say appt should be within 10 days of visa expiry?
This is what I found... "Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed."
It doesn't talk anything about visa stamp, just the I797 visa approval dates.

Thanks.

Proass999,


If you read the documents at the Vancouver visa office carefully, it says you can get a new visa if the old visa has already expired or is within 10 days of expiry. I'm not sure how strictly they enfore this condition.

 

[yunyun0508]

question about first H-1B visa stamping

Plan to go to canada for my first H-1B visa stamping. I was approved with H-1B status 9 months ago. If the officer asks what is the reason I come to canada for the visa stamping instead of going back to apply it in my home country. What is the proper answer? Any help will be highly appreciated!

 

[zafar1]

H1b Visa Stamping In Toronto

Hi there,
I am an international student in Canada ( pakistani citizen ) persuing my 2nd degree, and I work on campus too.My first degree is from Canada aswell. I have been living in Canada for past 5 years. I have recently received my H1B approval from my employer in Dallas, which states a notification to American Consulate in Toronto. Should there be any problem in getting my h1b visa stamping from here only, or would they redirect me to the home country for stamping.
waiting ANXIOUSLY for a reply...

Thank you
Shahzaib

 

[ela6]

Hi Shahzaib,
I don't think any body can give you a definite answer. The 2 (negative) possibilities that I can see are asking you to go to home country and getting a security check done.

I think possibility of a security is good. Which means that they cannot approve the visa for about 60 days. (they will return your passport and stuff and will keep the Visa application). They might also ask you why you want to apply here rather than going to Pakistan. You should have a good answer. Some times going on a business trip helps (but for them to really believe, they need some proof).

I don't mean to confuse you or scare you. I am talking from my own experience (of security checked). If you look at it practically, you don't seem to have much choice. I am assuming that you are presently in Canada. So, go ahead and apply in Canada. If they ask you to go home and apply, then do that. I don't see you being denied even at home country. For H1, as long as the papers are in order, they will grant it. So, budget out 60 days (for security check) and then visit home country (in case they ask you to go there).

ela

Hi there,
I am an international student in Canada ( pakistani citizen ) persuing my 2nd degree, and I work on campus too.My first degree is from Canada aswell. I have been living in Canada for past 5 years. I have recently received my H1B approval from my employer in Dallas, which states a notification to American Consulate in Toronto. Should there be any problem in getting my h1b visa stamping from here only, or would they redirect me to the home country for stamping.
waiting ANXIOUSLY for a reply...

Thank you
Shahzaib

 

[zafar1]

Thank you so much ela.

 

[nk_1980]

I was on an F1 and now have the I-797 and need to get the H1-B stamp for the 1st time

I need to change my status from F1 to HI B - I got the approvals and the I-797. A lot of what I have heard states that I must get the first H1 stamp from India. Is that true - or can I have it done from Toronto?

My F1 is valid till 2007 and I have my EAD card valid till May 2005.

What are the risks in getting rejected at Toronto? Or since I have a degree from the US - there isnt a risk?

Please let me know as I wish to do this sometime before next year.

Do appreciate any help and advice i can get.

Thanks!

 

[prousa]

Ds-156 Form Please reply....

Hi,
Can anybody please let me know if we just leave the fields blank or
write none or N/A(when trying to use N/A the National Identification number field does not take "/")on the DS-156 form when one is going to mexico/canada
for all the fields which are irrelevant to the person filling the form.

Please advice whether to leave the fields blank or write none or N/A.

Thanks a lot for your responses.

 

[ela6]

hi there,
I did not fill in the national id # as I did not have one. I had put N/A. It is fine if you do that.

Hi,
Can anybody please let me know if we just leave the fields blank or
write none or N/A(when trying to use N/A the National Identification number field does not take "/")on the DS-156 form when one is going to mexico/canada
for all the fields which are irrelevant to the person filling the form.

Please advice whether to leave the fields blank or write none or N/A.

Thanks a lot for your responses.