F1 to H1 stamping... Shld I go to Ottawa or Chennai... help needed

C

choochee

New Member
Hi all,
I need some suggestion on getting my H1 (first time) stamped in chennai or ottawa.
I have been in the US since 1997, came here on F1, went to India last in 2000 before thesis defense and graduation, came back and started working for company A on OPT. Company A processed my H1 and I worked for them till Dec 2001. In 2002 I accepted another offer, the new company B processed my second H1 and I started working for them in the last week of Jan 2002. My specs are as follows:
I have a Masters degree in ME from US univ and am working as R&D Engr in Mech Engg in a small manufacturing firm.

I want to go to India for vacation in the coming months, havent decided yet (depends on my visa appointment etc). My problem is, my W2 for 2002 shows a small deficit from the LCA, about $2K since I joined the company only in last week of Jan. My W2 for 2003 shows earnings as stated in offer letter and is more than that stated in the LCA. From what I have read in these forums and other immigration message groups, this is reason enough to deny me a visa at the chennai consulate if not handled carefully. Also, I am not able to get experience letters, old I797 etc from my previous company since they restructured and none of the people I worked with are employed there now. I have tried talking to the present and havent been able to get any useful information.

I know there is no safe bet but given all this, should I consider going to India to get my passport stamped or should I try Ottawa or not bother at all and stay here in the US with no valid visa on my PP. I had to miss a few visits to customer sites outside the US because of lack of valid visa and my company wants me to avoid going to india if I am not sure I would get a visa. I am their first and only H1, so they have no clue what to do etc if it came to responding 221Gs.

Any suggestions?
Thank you
 
Last edited by a moderator:
If its a question of picking consulates, then Ottawa is the place to go.
I dont see any problem with your case. You were never out of status nor no job situation. Reg W2 having 2K less...thats ok bcos you started few weeks late.
As you know nobody can guarantee visa issuance but you could place a safe bet on Ottawa.

FYI I got my visa stamped in Ottawa (F1-H1) on 1/5/04
 
Ottawa Info

Thanks sdrblr for your very helpful info,
I have been in the US since 99 came on F1, my initial h1 period was 2 years which is over , I didnt go to India since i got my H1 , now my H1 extension is due anytime[ applied in dec 2003] , do you see any hinderance in getting the H1 stamped in Ottawa or Toronto?I have a masters from here.

Can you give me some details about Flights or travel agents, places to stay etc in Ottawa.
I checked with some of the travel sites, flights to Ottawa are very expensive upwards of 800$, is there any other cheaper way to go there like driving from Toronto, Train etc?

Also can you direct me to any hotels in the area?

thanks very much
 
Stamping should be easy for you..if you have all the reqd docs and never out of status.

There are tonnes of hotels in downtown Ottawa (with in a mile radius from US Embassy). Go to choicehotels.com or hotels.com to get a very good rate.

Reg air fare.. well it depends...if you live in NE states, you can drive down to Ottawa. I think its about 3-3.5 hrs drive from the Syracuse, NY and 5-5. hrs from Toronto.
 
Docs

Last Question please,
In one of the forms you need to fill out[ I think 797] , there is a mention of whether you have applied for GC or not.
Now I have and have got my AP and EAD.
I heard on entering 'yes' in that space , its a guarantee rejection,
Any suggestions?

My labor is done the rest is in progress.
thanks for your prompt reply Sir/
 
deep2000,
Do not post false information, rather try to learn. I-140 is a immigrant visa petition and if it has been applied for you have to answer yes. Any false information can possibly bar you from entering US lifetime. moreover H-1 is dual intent.
 
Just because you say YES to GC Question, they cannot reject the visa. As told by pashwin, H1 is a dual intent category and you can apply for GC when on H1. Make sure you have all the docs in hand to give it to them.
Since you have EAD, you have to say yes to the above question.

More over with AP and EAD in hand you dont have to get visa stamped to enter US. I know there are lot of postings here on AP and EAD related issues which might give you more info on this.
 
Originally posted by sdrblr
If its a question of picking consulates, then Ottawa is the place to go.
I dont see any problem with your case. You were never out of status nor no job situation. Reg W2 having 2K less...thats ok bcos you started few weeks late.
As you know nobody can guarantee visa issuance but you could place a safe bet on Ottawa.

FYI I got my visa stamped in Ottawa (F1-H1) on 1/5/04
Click to expand...


My lawyer seems to think there may be some risk involved. Initially he seemed certain there wont be a problem and then referred to the dates on the I797 and changed his opinion. He said they could make it an issue if they are in a 'bad mood', even though it is a matter of a few days. He also said, even though the papers were sent to INS service centre well in advance of the receipt date on my I797, it is the receipt date that actually matters when it comes to joining dates and transfer status etc? Is this true or is he talking thru his arse? your 2c pls.
 
Can transferred h-1 applicants attend for first time h-1 visa in Canada?

Chochee, deep2000:

I assume from your posts that transferred H-1 applicants who have not been out of US during their H-1 status period are eligible to attend for visa stamping at US consulates in Canada?

The above questions comes from a conceren that cases like that have to go to home country for stamping? How far is it true?

Any details are greatly appreciated.

I completed MS in US and I have got my H1 approved in July 2003 in company A and got H-1 transferred to company B in last week of Jan 2004. Now am intending to go for stamping in Canada (Ottawa)
 
First time F-1 to H-1 transfers can apply in Canada.
I had my first H-1 stamped in Montreal in 94 no problems.
I know it was about 10 yrs back, I was at the Ottawa Consulate Today and there were a couple of F-1 to H-1 Transfers, None had any problems.
Make sure you carry all docs. in original. One girl did not have her original 797 and the lady questioned her, but in the end gave her the Visa.
 
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