Getting Canadian Visa to get H1B Visa Stamped in Ottawa

V

visaquandry

New Member
Hey Guys.....

I am in a fix here......

My H1B petition has been approved but, the INS WANTS me to go to Canada and get it stamped first before I can start working. I have my I797 form which cleary states this requirement.

I have some questions/doubts which I request any of you to answer: (jaxen/ginnu please help)

a) Since the INS has this requirement of stamping explicitely written in I797 and as my H1B is pending Status Change(F1 to H1), so will I have trouble getting Canadian Visitor Visa for any reasons.

b) I797 states that the Visa Consulate in OTTAWA, Canada has been notified about the H1 approval to speed up the change in status (ie to get visa stamped). Do u think that this will guarantee me to get a visa in Canada since INS has notfied them. I also have a MS Degree from US (will it help to get the visa).

c) Under these situations, how advisable is it to go to my home country(India) to get the visa stamped. I was thinking of going to Mumbai to get the Visa stamped...since home country is always a safe bet.

thnx for all your help,

visaquandry!!!
 
I think you will have no issues to get it stamped from Ottawa also you can always plan for India in case visa is denied from Ottawa but the chances are very less that your H1 stamping will be denied especially when INS already notified Ottawa consulate abt your situation.

You can take an advise form a lawyer also as this is a new scnario.
 
Visaquandry,
Getting the visa stamped in Canada is subject to you getting the Canadian visa. If your documents are in order, H1 in Ottawa should be a breeze.
However, you are right in stating that home country consulate is always safer if only because of the fact that if you happen NOT to get the H1 visa in Canada, AND if you're out of status (for instance your F1 has expired), then you will not be allowed back into the US since you do not have a valid visa.
INS notifying the Ottawa conculate is not an issue. I am saying this from personal experience - I had mine notified in Toronto, but I proceeded to Chennai and got it stamped there. No problems whatsoever. My lawyer tells me that the I-824 which you have to apply for to notify another consulate of an already approved petition is no longer the preferred route because INS has apparently stopped notifying consulates, and besides all the information is networked anyways.
Bear in mind all of the above is based on experience. Your results MAY vary, but I doubt it. Consult an immigration lawyer for final opinion.
Go ahead and plan for the Canada stamping. Choose Indian consulates only if this fails. Good luck.
 
Visaquandry,

In order to get your Canadian Visa, when you ask them for the temporary resident Visa, enclose a cover letter and clearly explain your situation. Enclose a copy of the 797 which states that you have to go to Canada in order to get your US Visa. You should get the Canadian Visa then. I had to get the Canadian Visa for my wife and I wrote a detailed cover letter. Also, once you make an appointment with the consulate in Ottawa, send a copy of that letter to the canadian consulate also. FYI, I got my wife's canadian visa from the canadian consulate in NY.

Like Safdarali says, Ottawa should be easy. Ask for a "James" there. :) (See my other post regarding stamping in Ottawa)

-Mohan.
 
for a f1 to h1 case getting the canadian visa and h1 visa stamp especially in ottawa will be a breeze.
 
Thanks, so much guys.....

All ur answers have been very detailed, objective and helpful....

I have decided to go to Mumbai India to get the visa stamped, since my employer has agreed on my India visit. As it is it has almost been 2 years since I went back home!

I have also talked to lawyers and they also concurred on my India visit.

Again safdarali, mclarenmerc, Satish71, jaxen, thnx for your replies!

Visaquandry (I hope no more) ;)
 
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