B1 --> H1 stamp from Canada

M

mmrizwan1

New Member
Hi,
I am currently on a B1/B2 visa, and came to USA for job interviews. I was offered one last month and I'll be starting it on H1 in July. Due to certain reasons I plan to go to Canada to get my visa stamped instead of returning to my home country. I have few queries.
1- If my job is starting in July 2009, can I get my H1 stamped in Feb etc.
2- Can I return to USA after getting H1 stamped from Canada to catch my return flight to homeland country.. (I have a 5 yrs multiple B1 visa and my I -97 is valid till March 2009)

Thanks
 
Usually I have heard it is only 15 days ahead of start of your job start date.
I am not sure that you will be able to get your visa stamped so much in advance of your job start date.
Sometimes they will cancel your b1 visa at the embassy where your h1b is issued. You would need to do research into this issue under visa issues at canadian consulates on this and other forums.
If you get h1 stamped, you can enter with your h1b stamp into US and return to homeland. If your b1 is cancelled, they would not allow you to enter on b1 anymore.
I do not believe your stay period (till Mar'09) in the US is enough to allow you to get your h1b stamped from canada.
mmrizwan1 said:
Hi,
I am currently on a B1/B2 visa, and came to USA for job interviews. I was offered one last month and I'll be starting it on H1 in July. Due to certain reasons I plan to go to Canada to get my visa stamped instead of returning to my home country. I have few queries.
1- If my job is starting in July 2009, can I get my H1 stamped in Feb etc.
2- Can I return to USA after getting H1 stamped from Canada to catch my return flight to homeland country.. (I have a 5 yrs multiple B1 visa and my I -97 is valid till March 2009)

Thanks
Click to expand...
 
Thanks for your comments. Below is what my lawyer told me in response to my query if I could apply early.

I am currently working on your H-1B petition. I have received correspondence indicating that you would like this to be filed ASAP. However, there is one issue that may prevent it from being filed by the end of this week. There is a Labor Condition Application that needs to be attached to the petition. Without this, the petition cannot be filed. This Application must be filed within 183 days of the start date of employment. In your case the start date according to the MOU is 07/01/2009. Therefore, I cannot complete the Labor Condition Application until 12/31/2008. After which the petition may be filed. I am currently completing the forms in anticipation of that date.


By the way what makes you think that I wouldn't be able to get an H1 stamped by march despite of using a premium processing ??
 
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