H1 Visa stamping experience- Canada

[sdudhani]

ottawa 221(g)

hello
I was writing because I am in a situation where I dont think anyone has been yet because I did not see any post. Please help me through this. I went for stamping in Ottawa. This was my second time stamp. I have US degree and I work for a big consulting (over 200 employees). my appointment was at 11.00 am.

As my name was called I approached CO . I was asked , so u have masters degree.
I said yes.

what does your company do ?
I said its big software services and consulting with revenues of more than $100 Million.

So why did u come to canad for stamp.
I said I did not have time and since company sent me for temp assignment in ottawa so I thought I will get stamp here .

In response he said thats the excuse he hears from all people. He then asked me to produce client pictures, a letter from client justifying need to get stamp in canada and not in india, evaluated undergrad degree, all W2s ,MS degree, Tax returns, all pay stubs since begining of H1 and at least 3 manager contacts at the current client to verify that I work there. He also said that he will call them to verify that I work there. He said that lately they have been getting instructions from consulates of applicants home countries and the applicants need to be evaluated as they would have been in their home countries. I did not have client pictures and all pay stubs since start of H1 so I was given 221(g) and told to apply in my home country(India) and said that I need strong documentation and a strong reason why not applying in home country. He also said that everyone have adopted these kind procedures.

I did not know that even working for such big company I would have to go thru this.

Please help

Thanks.

Sailesh

 

[whatsinaname0]

Sailesh,

I am sorry to hear about your situation. Keep up the spirit man, things will get resolved. Here is a suggestion.

Why dont you try and talk to your company and client asking them to give a good reason for applying in Canada?. You could maybe say that they could not afford to let you waste too much time in India doing the H1B stuff because you could only get a very short vacation...hence canada.

That maybe sounds very weak. But this is a start. Others, please come up with suggestions.

Dont worry dude, you will pass through.

Bye,

 

[nishokie]

sorry to hear about your case. you said this is your second stamp, do you mean that your first stamp was an F1 and this is your first H1 stamp? Or was this your second H1B stamp and that you already have your H1 stamped before with the same company.

i have heard about similar cases like yours but only for folks who are getting the H1B stamped the first time.

hello
I was writing because I am in a situation where I dont think anyone has been yet because I did not see any post. Please help me through this. I went for stamping in Ottawa. This was my second time stamp. I have US degree and I work for a big consulting (over 200 employees). my appointment was at 11.00 am.

As my name was called I approached CO . I was asked , so u have masters degree.
I said yes.

what does your company do ?
I said its big software services and consulting with revenues of more than $100 Million.

So why did u come to canad for stamp.
I said I did not have time and since company sent me for temp assignment in ottawa so I thought I will get stamp here .

In response he said thats the excuse he hears from all people. He then asked me to produce client pictures, a letter from client justifying need to get stamp in canada and not in india, evaluated undergrad degree, all W2s ,MS degree, Tax returns, all pay stubs since begining of H1 and at least 3 manager contacts at the current client to verify that I work there. He also said that he will call them to verify that I work there. He said that lately they have been getting instructions from consulates of applicants home countries and the applicants need to be evaluated as they would have been in their home countries. I did not have client pictures and all pay stubs since start of H1 so I was given 221(g) and told to apply in my home country(India) and said that I need strong documentation and a strong reason why not applying in home country. He also said that everyone have adopted these kind procedures.

I did not know that even working for such big company I would have to go thru this.

Please help

Thanks.

Sailesh

 

[sdudhani]

No This was my second H1 stamp. My first stamp was also H1. The CO just basically said that he hears all same excuses like no time for vacation, time is critical so cannot take long vacation. He also mentioned because my comp was not doing product dev it becomes difficult to evaluate. I showed him the companys financial statement with revenues over 100M but he did not listen...

 

[Bidu]

No This was my second H1 stamp. My first stamp was also H1. The CO just basically said that he hears all same excuses like no time for vacation, time is critical so cannot take long vacation. He also mentioned because my comp was not doing product dev it becomes difficult to evaluate. I showed him the companys financial statement with revenues over 100M but he did not listen...

My question: What if you have Landed for Canadian PR fews days prior to H1B stamping interview. Can they still ask to go to India?

 

[tusharvk]

for PR canada is the home country.

My question: What if you have Landed for Canadian PR fews days prior to H1B stamping interview. Can they still ask to go to India?

 

[nishokie]

well...you are getting me worried now. i,too, have an appointment in Ottawa consulate in Feb. 2006 for revalidating the H1B visa. I have 3 H1B visas stamped already....but all of them were stamped from the Bombay Consulate.
i don't know what i should do?????

No This was my second H1 stamp. My first stamp was also H1. The CO just basically said that he hears all same excuses like no time for vacation, time is critical so cannot take long vacation. He also mentioned because my comp was not doing product dev it becomes difficult to evaluate. I showed him the companys financial statement with revenues over 100M but he did not listen...

 

[GC_Lover]

well...you are getting me worried now. i,too, have an appointment in Ottawa consulate in Feb. 2006 for revalidating the H1B visa. I have 3 H1B visas stamped already....but all of them were stamped from the Bombay Consulate.
i don't know what i should do?????

Well, like sdudhani said, you can take strong documentation and strong reason why are you going to Canada for stamping. Talk your company into getting that letter.
I am worried too, I have an apointment for Jan 30th in Mumbai consulate. I never had any rejections or problems, I had 1 F1 and 2 H1s from there, we will see.

 

[whatsinaname0]

GC_Lover,

I dont understand why you should be worried about getting your visa stamped from the Mumbai consulate when you have already been issued 2 H1Bs from that same consulate.

Did you mean to write your interview on 30 Jan is at some Canadian consulate?

 

[nishokie]

just a reminder that you can renew your visa only 10 days before the visa stamp expires or anytime after it expires. so you cant go to canada in feb. for an interview. the earliest you can go is 3/16/06.

Guys,

Instead of sending Passport to Canada consulate here, can we get it on US-Canadian Border?(Niagara falls or ???)
My current H1 is expiring on 3/26/06 (6 years on H1, Stamping Chennai-St.Louis-St.Louis, no US degree)
I just applied for 3 years extension (Labor and 140 approved), expected to get H1 approval by February ending.

Is it safe to go to Canada in Feb/Mar where my visa is expiring on 3/26?
Did anybody got 3 years visa in Canada after 6 years of H1?

Feedback is really appreciated.

Thanks,
-SR

 

[santex24]

Urgent question

Nishokie and other Gurus,
Is this true only for consulates in Canada or is this a rule that is followed by consulates in Mexico as well. Reason why I am asking this is that my H1 visa on my passport expires during the second week of March 2006 and I am going for my H1B stamping (thru' a new employer) in Feb.2006 which is almost 1 month before my visa (on passport) expires. Is this going to be a problem? Will they actually deny my case and cancel the previous visa that will prevent me from reentering? I didn't see this rule anywhere? Can you please point me to a source? Thanks!!

just a reminder that you can renew your visa only 10 days before the visa stamp expires or anytime after it expires. so you cant go to canada in feb. for an interview. the earliest you can go is 3/16/06.

 

[vik002]

just a reminder that you can renew your visa only 10 days before the visa stamp expires or anytime after it expires. so you cant go to canada in feb. for an interview. the earliest you can go is 3/16/06.

are you sure of this. say if my first three year visa expires on july 31st, then I cannot get a new next 3 year visa stamp until 10 days before july 31st, ie only after july 21st. please let me know, i am about to make a trip to the consulate for just that.

highly important.

 

[nishokie]

i called the Visa reservation center and confirmed this....so I am 100% positive. if you dont believe me call 1-888-840-0032.
anyway.......here are the documents that you require for your H1B visa....see writing in bold.

H1B: Distinguished Merit (Other than Nurse)
DS-156 (application form).
Valid Passport (at least 6 months).
Proof of legal status in Canada: original or certified copy.
One passport-size photo.
Older passports containing previous visas.
Documents substantiating previous legal status in U.S.
US$100 non-refundable application fee.
Reciprocity fee (if applicable) I-797 (either I-797A or I-797B) (I-797C is not acceptable). Must be original and full page. Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed. Current employment letter indicating the nature of work, duration and salary.
Recent paystub/payslip.
Copy of I-129 petition completed by employer and filed with D.H.S.
Copy of approved LCA if applicable.
If previously under J-1 in U.S. applicant needs waiver of 2 year foreign residence rule.
Evidence of qualifications must original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and/or work experience is solely or predominantly from a country other than the U.S. or Canada.

here is the evidence........

are you sure of this. say if my first three year visa expires on july 31st, then I cannot get a new next 3 year visa stamp until 10 days before july 31st, ie only after july 21st. please let me know, i am about to make a trip to the consulate for just that.

highly important.

 

[nishokie]

santex.....call the 1888 number that i have listed above. this rule applies everywhere...for every consulate interview.

i recently made an appointment to interview in ottawa and while making the reservation, i specifically asked this question to the representative and he said that rule applies......

Nishokie and other Gurus,
Is this true only for consulates in Canada or is this a rule that is followed by consulates in Mexico as well. Reason why I am asking this is that my H1 visa on my passport expires during the second week of March 2006 and I am going for my H1B stamping (thru' a new employer) in Feb.2006 which is almost 1 month before my visa (on passport) expires. Is this going to be a problem? Will they actually deny my case and cancel the previous visa that will prevent me from reentering? I didn't see this rule anywhere? Can you please point me to a source? Thanks!!

 

[tusharvk]

it is unclear if this rule applies to consulates except canada. better to ask the mexico appt system number this query if one is going to mexico.
I do know this applies for consulatesi n canada.
but then it does make sense to have such a rule in place for all consulates anywhere in theworld. because when the consulates do the visa stamping, visa is stamped the day of the visa interview. if someone were to go to visa interview 1 month before start date on I797..........
further it makes sense to grant the visa 10 days before the start date because it may take 10 days to make all the travel arrangements, fly to the US and get settled before one reports to work on the start date of I797

santex.....call the 1888 number that i have listed above. this rule applies everywhere...for every consulate interview.

i recently made an appointment to interview in ottawa and while making the reservation, i specifically asked this question to the representative and he said that rule applies......

 

[tanveer666]

Can They Deny Pr Card Holder

Guys Pls Help

Is There Any Case Where They Have Denied The H1b1 Visa To Canadian Permenant Resident

I Have Two H1b1 Stamp One From Pakistan And One From St Lious

So Third Time I Want To Get It Stamp From Canada

My While Education Is From Pakistan

I Want To Get Stamp For Three Years Since My I-140 Is Approved

Tanveer

 

[GC_Lover]

GC_Lover,

I dont understand why you should be worried about getting your visa stamped from the Mumbai consulate when you have already been issued 2 H1Bs from that same consulate.

Did you mean to write your interview on 30 Jan is at some Canadian consulate?

Well all my H1Bs have expired. I have F1 stamped in 1997 and then H1s stamped in 2000 and 2003. Now I am planning to go home for couple of weeks and need stamping.

 

[santex24]

Nishokie,
Thanks for pointing out this information. However, note this...it says validity date of the I797 - Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed.

This means 10 days before the start date on the I797 approval notice and NOT the end date on the previous H1B stamp on your passport. My company applied for my H1B transfer in Sept. 2005 with a start date of Sept.20, 2005. The I797 approval notice has a date valid from January 2005 till December 2006. Now my appointment in Tijuana, Mexico is in Feb.2005. So I guess this should not be a problem. If the start date on my H1B approval notice had been March.2005, I obviously would not have been eligible for a visa stamp. I guess this clears all doubts. THanks for your help!!

i called the Visa reservation center and confirmed this....so I am 100% positive. if you dont believe me call 1-888-840-0032.
anyway.......here are the documents that you require for your H1B visa....see writing in bold.

H1B: Distinguished Merit (Other than Nurse)
DS-156 (application form).
Valid Passport (at least 6 months).
Proof of legal status in Canada: original or certified copy.
One passport-size photo.
Older passports containing previous visas.
Documents substantiating previous legal status in U.S.
US$100 non-refundable application fee.
Reciprocity fee (if applicable) I-797 (either I-797A or I-797B) (I-797C is not acceptable). Must be original and full page. Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed. Current employment letter indicating the nature of work, duration and salary.
Recent paystub/payslip.
Copy of I-129 petition completed by employer and filed with D.H.S.
Copy of approved LCA if applicable.
If previously under J-1 in U.S. applicant needs waiver of 2 year foreign residence rule.
Evidence of qualifications must original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and/or work experience is solely or predominantly from a country other than the U.S. or Canada.

here is the evidence........

 

[RajWaitingonLCA]

Appointment at Tijuana

I have a Appointment at Tijuana

On first week of March'2006 my 6 years are getting over in 2nd week of March'2006; so I think I am also safe...please advice experts...

I am bit tense because I am going with my entire family, me and my wife and 3 kids...(one kid is USA citizen)

As far as current employer concern I have uptodate papers....for 2.5 years; my previous employer didn't gave me copy of Appointment letter as well as LCA copy....do you think guys I will be in deep trouble....since I do not have above 2 documents....Please Advice.

Regards
Raj

 

[GC_Lover]

I have a Appointment at Tijuana on first week of March'2006 my 6 years are getting over in 2nd week of March'2006; so I think I am also safe...please advice experts...

I am bit tense because I am going with my entire family, me and my wife and 3 kids...(one kid is USA citizen)

As far as current employer concern I have uptodate papers....for 2.5 years; my previous employer didn't gave me copy of Appointment letter as well as LCA copy....do you think guys I will be in deep trouble....since I do not have above 2 documents....Please Advice.

Regards
Raj

usually they look at the documents from current employer, but you never know what kind of psycho you are dealing with. I am having same problem, I do not have LCA from my old employer but I will carry all paystubs etc to prove that I was working with them. You will just have to try and convince them incase they ask.