H-1B visa stamping in Canada or Mexico

[RamFan]

Guys,

Here is my situation:

I am on H-1b since 1999, and before that I was on F-1. Recently I received my Canadian Permanent Residence. I would like to do to Canada and finish rest of Canadian PR process. But the problem is that I only have a valid H-1 approval notice from INS and do not have H-1b stamped on my passport. Here is my question:

1)How hard it is to get an H-1b from U.S. consulate in Canada these days (post 9/11), and what kind of paper work is required for it. I work for a Fortune 100 company and they provide all the paper work necessary to obtain a H-1b from Canada or Mexico. My wife also has valid H-4 approval notice from INS. She was on F-1 before.


2)Or I can go to Canada and not apply for H-1b at a U.S. consulate in Canada - stay there for less than 30 days and come back to U.S. I should be allowed to reenter based on approved H-1b and H-4 notices from INS.


If you have to recommend: what route should I take No # 1 or No # 2 ??

Thanks,

RamFan

 

[Raj1994]

1) If you have all the proper documents (esp. US bachelor's degree or above), then there should not be a problem. Check with the consulate on delays if any before going.

2) See http://usembassy.state.gov/seoul/wwwh1460.html

If your trip to Canada is less than 30 days, and your I-94 and I-797 are valid, then as per the above article you can re-enter without a new visa even if you had changed status. But if you apply for a visa in Canada, and they refuse it, then you cannot re-enter as per the April 2002 ruling. In that case you should apply for a visa in your "home country". Now that for most people means their country of citizenship, but it could also mean the country of last residence. In your case, if you get the Canadian GC, then it might be Canada itself?! Others have any opinion on this?

PLEASE, UPDATE THE LIST ABOUT YOUR EXPERIENCES ONCE YOU GET BACK.