B2 to H1 and Visa Stamping

[kalifornia_resi]

Alright, after reading through these forums for the last 4 years, I am motivated to write my experience here. First of all here are my details.

Came to US on B2 and started the process to convert to H1 in 27 days(the 30 day misreprasentation intent comes into effect) with employer A. The H1 was approved and subsequently moved to employer B. Have been earning over $100k for the last 5 years with no problems on status and pay stubs. And I am in my final year of H1(6th year). But alas, no H1 stamp in my passport.

I tried to get H1 stamped in Vancouver,CA about 3 years back but was denied(since I did not have graduation degree for my masters from Australia, Although the qualifying degree was my Bachelors in Engineering from India). Luckily I was able to get back because of legacy INS rule of moving between NAFTA countries eventhough visa was denied(not anymore!).

So finally my company's attorneys appointed a Legal co-counsel in Ottawa,Canada and I went in for a visa yesterday along with the cousel. Well guess what I was issuesed a Visa. No questions other than where I worked and why my visa was denied in Vancouver. So now I am back in my home writing this experience.

If you have a straight forward case, you can directly go to Ottawa. But if you are like me, I recommend hiring an attorney(not any Tom,dick or Harry but someone with credability).


BTW my GC is pending for the last 3 years, hopefully my LC gets cleared from BPC.

PD: Aug 2002,
CA-EDD,
Non-RIR
EB2(if that matters at all)
No 45-Day letter yet because it hasnt made it to the SF regional.

 

[roxy80]

some clarification

is there any time limit to get converted to h1 if u're on b2/b1???? like u mentioned 30 days period???
or it's better to go back to home country for stamping?

 

[patelsajan]

May I get information about Lawyer as I am going there end september. It will be appreciateble if you can give me information about lawyer

Thanks in Advance

Sajan Patel

 

[tin1]

B2 to H1 stamping

I. I came to the US on B2 and got converted to H1 and I have been working for about 3 yrs now. In the meantime, I also changed the employer and still working. I have got the I-94 along with H1.
Now I need to go to India in December and hence I need to get my passport stamped with H1. I was thinking if it would be ideal to go to Canada or India. If going to India, should I take the regular appointment or can I take the emergency appointment.
1. What are the chances of getting approved?
2. Which consulate is better-- Canada/ India?
3. What are the documents required for the stamping. Is it just like the regular H1 applying??
Thanks, Please advice.


II. My employer says they have applied for the GC(Labor) in March '05 with the regular process(not perm) from NY/New Hampshire. They also mentioned that they have not received any receipt no. from the Labor department. When asked they said, not all the states issue the receipt.
1. Is this possible that some states do not issue receipt no. if applied in NY or New Hampshire??
2. I am not sure if they have applied or not, since there is no proof.
Please advice.
Thanks