H1 Visa stamping experience- Canada

You can go to Toronto if you prefer. Try to drive down to Toronto (that way they won't take away your existing I-94). If your field falls into one of the TAL occupations (technology alert list), they might refer you to a background check in which case they will just take your H-1 appln. You can enter back into the US using the existing I-94/old F1 visa and PT.

I know this works in Tijuana (US border). Thanks

nk_1980 said:
I need to change my status from F1 to HI B - I got the approvals and the I-797. A lot of what I have heard states that I must get the first H1 stamp from India. Is that true - or can I have it done from Toronto?

My F1 is valid till 2007 and I have my EAD card valid till May 2005.

What are the risks in getting rejected at Toronto? Or since I have a degree from the US - there isnt a risk?

Please let me know as I wish to do this sometime before next year.

Do appreciate any help and advice i can get.

Thanks!
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ela6,

Can you please let me know where I take the appointment. my H1B visa stamp just expired, my extension is valid till Oct 2005, I want to get stampped on my passport before I go india.

Thanks
texaswait
 
Yep, go to www.nvars.com. If you are planning to make a trip in December, be sure to get the visa before you pay for your tkts, because most of the tkts cost $300 for any date change (in case you get referred to security/background check and have to change travel dates).

texaswait said:
ela6,

Can you please let me know where I take the appointment. my H1B visa stamp just expired, my extension is valid till Oct 2005, I want to get stampped on my passport before I go india.

Thanks
texaswait
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apply H1B in Canada after I-140 approved

My I-140 has been approved but then I was laid off. Now I have to start everything from the beginning for GC. I need to apply for a H1 B in Toronto. Can anyone share some info about applying H1B in Canada after I-140 has been approved? Is that going to be a problem since I-140 means previous immigration intent?
 
Just to update, I got my H1 Visa stamped. The background check took 3 weeks for me (took 7 weeks for someone else).
ela6 said:
First thing, make sure your occupation is not listed in TAL list.If you fall in that list, you have some chance of being chosen for a security check.

If you fly down to Canada, they will take away your new I-94 at the airport. So, if you are denied the visa, your only option will have to fly to India and then apply from there.

On the other hand, if you drive to Canada, (I am not sure about the border formalities there), it MIGHT be possible for you to keep the I-94. If you keep it, then you have a shot at coming back to U.S. (even if your visa is not renewed). When you re-enter U.S., usually, they pay a lot of attention to your I-94 and so, if you have a old visa (not cancelled), you might have a shot. The other key point is that the consular should not cancel your expired visa - even if they do NOT renew it. (they don't generally cancel it anyways, unless they think there is some fraud involved).

Just my opinnion.
Ela
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Multiple Background Checks

Hi,

has anyone been through multiple background checks with H-1B? I went through a check in 2002 in the home country as I'm on the TAL, mantis, the full cavity. It took 7 weeks and it wasn't that bad as I was ready.

Soon, it's time for the first 3-year extension of the H-1B status. Has anyone been through yet another background check, or heard of anyone going through multiple checks, after applying for a new visa stamp in conjunction with the extended status, in Canada/Mexico or in the home country? For the purposes of this question, assume I have been on H-1B since 2002 and received the first visa stamp (background-checked) along with the status in the home country.

Thanks, V
 
It looks like the security check is barely valid for a year. Even computer programmers are getting checked these days. So, the chances of you getting referred again is pretty high. Just my opinnion.

Perhaps, it might take only about 3 weeks these days.
v7461558 said:
Hi,

has anyone been through multiple background checks with H-1B? I went through a check in 2002 in the home country as I'm on the TAL, mantis, the full cavity. It took 7 weeks and it wasn't that bad as I was ready.

Soon, it's time for the first 3-year extension of the H-1B status. Has anyone been through yet another background check, or heard of anyone going through multiple checks, after applying for a new visa stamp in conjunction with the extended status, in Canada/Mexico or in the home country? For the purposes of this question, assume I have been on H-1B since 2002 and received the first visa stamp (background-checked) along with the status in the home country.

Thanks, V
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Stamping in Tijuana

Hello Ela6
Thanks for your extensive answers on the subject of H1 stamping at foreign consulates. I am a physician on H1 visa. My first H1 was obtained in India and it expired in June 2004. I changed employers and I had obtained a new H1 (2nd 3 year term) but it is not stamped yet. I plan to visit India in feb 2005. Is it better to go to a consulate in India to get the visa stamped or to go to Canada/Mexico, get the visa stamped and then go to India?
Thanks
imgdoc
 
I have not been reading the forums which talks about experiences in Indian consulates. My suggestion is to look into those and see if there is any risk (I don't see much risk in your case). H1s rarely get rejected because you don't have to prove that you will get back to home country. So, only reason to reject H1 will be in case of fraud (fake degrees/companies, etc). Perhaps, going to India and getting it done might be one option.

Only other pain that I know of is background check which mainly targets occupation under TAL list. The only way they might drag you into that list is by using your college syllabus. But, since you are NOT here doing research, the chances are less likely that you will be referred to background check (Do NOT go to Tijuana though).

In otherwords, the worst possible scenario going to Canada/Mexico will be getting referred to security check. Since you have plenty of time for your trip, you have nothing to worry about. I have not looked into every article on this forum, so read and check it out and see what others are going through.

Bottom line, try to drive through (not fly directly into Canada/Mexico - as I am not sure if they take away your I-94) to Canda/Mexico for your H1. Worst possible case, you will have to go through security check. You will be allowed to enter US using your I-94 and old visa stamp (even though it is expired). Go to consulate after 3-4 weeks and collect your visa (after the check clears). So, overall there is nothing to worry much. The simple issue is do you have to go to consulate once or twice.

As I mentioned to you earlier, being a physician, you have minimal risk. Sorry if I had given a round about answer. Hope it helps.

Ela

imgdoc said:
Hello Ela6
Thanks for your extensive answers on the subject of H1 stamping at foreign consulates. I am a physician on H1 visa. My first H1 was obtained in India and it expired in June 2004. I changed employers and I had obtained a new H1 (2nd 3 year term) but it is not stamped yet. I plan to visit India in feb 2005. Is it better to go to a consulate in India to get the visa stamped or to go to Canada/Mexico, get the visa stamped and then go to India?
Thanks
imgdoc
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never stamped

hey guys, i have been on my H1b for six years and its never been stamped. whats the procedure for getting my visa stamped, if i extended my H1 or even if i wanted to change it to F1, and go back to school. Do i have to go back to India?

Thanks
 
Just wanted to add a little comment to ela6 post.

If you get stuck for clearance then u cannot re-enter US until that visa is approved. BUT it depends on the discretion of 1) the consular officer not to cancel ur expired visa with prejuidice stamp 2) even though at point 1) you are successful , while re-entering the US on discretion of the officer at POE to allow you in on a pending visa application with an expired stamp.
 
True. As I had mentioned in my postings, my info is specific for Tijuana. There, they generally don't cancel your visa and the port of entry (San Diego) is generally letting people in.

People going to other consulates and entering through other port of entries, please do read all the postings/experiences and educate yourself.

In general, I have not heard of old visas being cancelled. Basically, they will do that if they do NOT want you to get back in the country. Individual situation should really warrant such kind of drastic action.

Hope other members can post their experience (especially if someone got their visas cancelled or who knows someone whose visa was cancelled), that way it will be really a useful insight for people who are planning for future.

smxhan said:
Just wanted to add a little comment to ela6 post.

If you get stuck for clearance then u cannot re-enter US until that visa is approved. BUT it depends on the discretion of 1) the consular officer not to cancel ur expired visa with prejuidice stamp 2) even though at point 1) you are successful , while re-entering the US on discretion of the officer at POE to allow you in on a pending visa application with an expired stamp.
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Last edited by a moderator:
I am in NJ. I need to get my Visa stamped. Which of the Consulates in Canada would you suggest that would go smoothly.

Any experience or suggestions are appreciated.

Thanks
Sh_Ad
 
Anybody Has Experienced About H1b Interview At Toronto

Hi

I Have An Appointment For H1b Visa Interview At Us Consulate Toronto.i Have No Idea About Interview Stuff.if Anybody Has Experience About Toronto Consulate Then Post Me Your Review.

Thank You

-desi
 
H1b stamping at Toronto

Does anyone know if we get our passports back with the h1-b stamp on it the same day or the next day at the us consulate in Toronto ??

-R
 
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