Doctor w/ B1/B2: H1B stamp in Canada advisable?

M

Maui

Registered Users (C)
Hello! I am a physician from the Philippines who has been accepted for a residency position in the US. I will not be able to file H1B application right away because I still have to clear another medical exam (USMLE Step 3) required for the visa, although my residency program has promised to sponsor me. My problem is, even if I will get an H1B status approved while I am in the US, I might not be able to go home to the Philippines to get a stamp because (1) stamping there takes a month and I might not make it to the start of residency in July, in which case the program might drop me and (2) I am afraid it will even take longer or I'll get rejected because of the impending US-Iraq war.

I am considering going to the US consulate in Toronto, Canada and getting a stamp there (convert my tourist B1/B2 visa to H1B). Do you think it is advisable?

I actually have a sister in Canada and I am booking a flight as follows: Philippines-Michigan-Toronto-Michigan-Philippines. If ever my visa application gets rejected in Toronto, will they let me fly back through the Michigan route or will they force me to take a flight straight out of the continent from Canada (not passing through the US)? The latter is because of the new rule I read that says if you get rejected, you cannot re-enter the US. I am not sure if this applies to me since my B1/B2 is valid till 2007 and I don't plan to overstay my I-94.

Hope anyone can help me. I am so worried. I would like to get a stamp so I can be free to visit my sister in Toronto if I ever have free time. I will consider the Toronto option if I have little time left and if I can still re-enter the US despite being rejected and not get a stamp anymore. Thanks!
 
I had a friend convert B2 to H1 B while in US and then go to Canada to get it stamped - did not have any hassles. Good luck!
 
?

1) do talk with a couple good attornies over the phone to get some advise.
2) make sure you take along all your credentials/residency offer everything and anything you could think of that they might ask you to produce (ie original certificates) to avoid a second visit...
passport valid for additional six months etc
3) what comes to my mind (but you need to check with your attornbey) is about the intent of B1/B2 when you applied and now that you intend to work...not sure if that could be a problem.
I think you will feel lot more comfortable after you talk with couple attornies who deal with your kind of cases. I sort of remeber seing a website of zhang attorny (http://www.hooyou.com/services/index.asp) on the net a while ago who does seem to know about third country stamping. Just call his firm and get your queries answered....or www.murthy.com or Mr Rajeev Khanna ... whoever suits your fancy.
Good luck!
 
Thanks. I talked to an atty. and he advises me to change status only after 60 days, and not to risk getting stamped in Canada, so I can ensure starting residency in July.

Thanks for all your help! I'm learning a lot about immigration issues.
 
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