H1 Visa stamping experience- Canada

First H1 - Successful stamping at vancouver

Thanks to this forum.
I got H1B stamping and H4 for my wife at Vancouver last week.
This is our first US Stamping. After 4 days We received Pasports in post.
I am working in vancouver last 10 month as software dev. My H1B was rejected in 2005 at Chennai consulate India for some reasons.
njvr
 
Preparation for H1B/H4 visa revalidation

Hi All,

I (H1 Holder- extension approved till 2010 - 485 filed - waiting for AP approval - Canadian PR)and my family (extension approved till 2010 - 485 filed - waiting for AP approval - Canadian PR) are planning to visit canada for time period less tahn 30 days in Next November once our Advanced Parole approved. I want to remain on H1 as long as possible and our visa stamps are expired and so I have just taken a appointment in Toronto for visa revalidation.

Now I have following questions regarding H1 Visa revalidation in Toronto:
---------------------------------------------------------------------

1) My wife's passport (India) is going to be expired in Next March, 2008 end
which is less than 6 months from the date of Visa appointment which is in
november 2007 . Could this be a problem for this H4 vis revalidation
appointment. I am thinking to apply for renewal after coming from Canada.

2A) What documents will be required from our side as being on H1 and H4?
2B) Which documents are required from Employer side other than "Current
Employment Letter"? And what content this "Current employment letter
should have?

3) For H1 - DS156 and 157 would be sufficient or DS 158 also need to be
filled?

4) For H4 - DS156 would be sufficient or DS 157 and/or DS 158 also need to
be filled?

5) What should be the best startegy for me regarding I-94 as I will be
applying for revalidation of visa although my stay will be less than 30
days? If I tell while entering into Canada (By Road) that I will be in Canada
for less than 30 days and so I will be using "Automatic Revalidation" he
will not take I-94. But would that have a adverse effect during my
revalidation appointment? If I have a guaranty of approved visa stamp
after revalidation appointment I would not mind giving I -94 while entering
but I think, in worst case of stamp denial, if I have kept "I-94" with me
showing "Intent of Automatic Revalidation" it would be easy for me to take
an entry. I will be havin Advanced Parole with me as well.

6) In worst scenario, if they do not revalidate and deny stamping in Toronto,
still my h1B Visa considered live as I have 797 extension approval?

Advanced Thanks for your help.

- BharatPremi
 
BharatPremi,
For points #5/6 just be a little careful. You cannot use AVR if you apply for a US visa during your trip. In the worst case scenario that you do not get your visa, you will not be able to re-enter using AVR. You will be able to re-enter the US on your AP however, but that creates another problem for you. That problem being that you will not be able to return to work with your current employer.
 
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Triple Citizen said:
BharatPremi,
For points #5/6 just be a little careful. You cannot use AVR if you apply for a US visa during your trip. In the worst case scenario that you do not get your visa, you will not be able to re-enter using AVR. You will be able to re-enter the US on your AP however, but that creates another problem for you. That problem being able to return to work with your current employer.
Click to expand...

Thanks for your quick reply. In this case, what you say is if I use Advanced Parole than I will have to return back to my current employer for work? If that would be the case than it is fine as I do not have any intention to change employer as of now and at least immediate future from the date on which I will come back to USA from canada. But does it stop me to change employer say for an example after 6 months?
 
Triple Citizen said:
I didn't word it properly. You CANNOT work until you get an EAD if you re-enter on your AP.
Click to expand...

Oh.. I already have approved EAD and by the way as per my lawyer "usinG Advanced parole" does not affect H1 status as long as I am with that "Current Employer" who has filed my GC. So in that regards it seems that I am fine.
 
Your lawyer is wrong. The moment you re-enter on AP your H-1B status is no longer valid. However since you have an EAD, you can continue to work for your current employer.
 
For Bharatpremi

1. I would not do that. Get a new passport from the consulate. The visas in the old passport maintain their validity.
2A.
I-797 approval notice(s) along with LCA
LC or I-140 documents, if H-1B is extended beyond 6 years
W2(s)
Paystubs(s)
Degree Certificates / ransscripts (as applicable)
Bank account statements
Current resume
Marriage/Birth certificates (as applicable)
2B.
Current employer letter should include the employment start date, job duties and they will continue to employ you for the duration mentioned in I-797. For myself the employer mentioned the work location (client site). I also carried the offer letter. I did not carried any client letter. Please see Murthy forums on this matter.
3. No DS158 is not necessary.
4. Yes DS157 is required for all adults.
5. Automatic Visa Revalidation is not applicable here as you already booked an appointment at one of the U.S. Consulates. You have to tell the border officials that you need a new I-94 on re-entry and submit the old one.
6. For visa rejection, I am not sure what will be your work status after you re-enter using AP. However, you can definitely work on EAD.

P.S. - Canadian PR has no impact on H-1B approval. Also, travelling on AP does not invalidate the H-1B and other temporary status.
 
Last edited by a moderator:
manwithnoname said:
1. I would not do that. Get a new passport from the consulate. The visas in the old passport maintain their validity.
2A.
I-797 approval notice(s) along with LCA
LC or I-140 documents, if H-1B is extended beyond 6 years
W2(s)
Paystubs(s)
Degree Certificates / ransscripts (as applicable)
Bank account statements
Current resume
Marriage/Birth certificates (as applicable)
2B.
Current employer letter should include the employment start date, job duties and they will continue to employ you for the duration mentioned in I-797. For myself the employer mentioned the work location (client site). I also carried the offer letter. I did not carried any client letter. Please see Murthy forums on this matter.
3. No DS158 is not necessary.
4. Yes DS157 is required for all adults.
5. Automatic Visa Revalidation is not applicable here as you already booked an appointment at one of the U.S. Consulates. You have to tell the border officials that you need a new I-94 on re-entry and submit the old one.
6. For visa rejection, I am not sure what will be your work status after you re-enter using AP. However, you can definitely work on EAD.

P.S. - Canadian PR has no impact on H-1B approval. Also, travelling on AP does not invalidate the H-1B and other temporary status.
Click to expand...

Thanks manwithnoname for your detailed reply.
 
Triple Citizen said:
Your lawyer is wrong. The moment you re-enter on AP your H-1B status is no longer valid. However since you have an EAD, you can continue to work for your current employer.
Click to expand...

Thanks. I hope he is not wrong. But I agree this seems to be very gray area. We can find almost equal amount of people at the both sides of the fence for this particular issue. Let me dig more on that and if anything I come up with "Legal proof" I will post on this thread. Thanks again anyway.
 
Is any one going for H1 b visa stamping on 21 st Oct 2007

Hello everyone,

This is Vishwa. I am going to get stamped my H 1 b Visa on 21 st Oct 2007 in Ottawa Ontario, Canada. Please reply me back if any one going on that same day.

Thanks
Vishwa
 
could you please give me u'r email id

hello friend,

I am going for H1 b visa stamping in ottawa ON Canada on Oct 21 st 2007.

I have couple of questions regarding stamping.

If u have chance, can u please give me u'r email id , so that i can contact you soon.

Thanks
vjella

pd_2004 said:
Hi,

I finished my H-1B visa interview at Ottawa on Sep 10, 2007. Didn't have any problem. Here is some background and my experience.

I work at a University on H-1B. This is the first time after converting from F-1 to H-1B that I am getting my H-1B stamped. Appt was at 9:30 am Monday. Went to Ottawa Friday night itself, went to Scotia bank on Saturday and paid the visa fee ($100/person).

On monday, went to the embassy at 9:15 am. The guard looked at the appointment letter, asked if I had the bank receipt, the application form, photo and required documents. Said yes. Let me in. Went through the security check. The document file was apparently too thick...so it got flagged by the machine. It was a normal folder, but I am guessing they have some checks if it is too thick or bulging. So the person took each set of documents and sent it through the scanner individually. I had my chapstick with me...the security person asked me apply it on my lips so she sees it is ok. Then allowed me inside.

Went to counter 1, where the lady collected the DS-156, DS-157, bank receipt and the I-797 form.

Waited for about 15-20 minutes. My name was called.
Went to the counter. The lady said that she was going to just take my finger prints now, and then will be called later for interview. So asked me to place all 4 fingers (except the thumb) of left and right hand sequentially on the scanner, and then both the thumbs. After that went back and sat down.

Waited probably about 1/2 hour. Then again my name was called. A young man, probably in mid-30s interviewed me.

VO: So you work at ....univ?
me: Yes Sir.

VO: What kind of work do you do?
me: described my work

VO: Where did you do your Ph.D. ?
me: mentioned the university name

VO: How long have you been in the US?
me: mentioned the time period

VO: So what did you do other than the Ph.D.?
me: Told that I first came for MS, then finished my Ph.D. and then have been working as post doc.

VO: Okay. I need to see your I-129 and LCA petition package, your payslips, and current letter of employment verification.
me: I hand him over the original documents

VO flips over the I-129 and LCA package, just quickly glances through the payslips, reads through the letter closely. Retains the letter and gave me the payslips and and I-129 petition and the I-797 approval notice back.

VO cancels my earlier F-1 visa stamps by putting a stamp on it that says "Canceled without prejudice".

VO then takes a note, circles the day and write 3 pm and gave it to me and said: "You can pick up your passport tomorrow at the entrance."

me: Thank you. Is that it ?

VO: That's it.
me: Thanks!

I drove to Canada. So on my way back at the port of entry, the USCIS officer took my old I-94s, asked a few general questions (where I work, what kind of work I do), then issued a new I-94 (computer printed) and collected $6 fee.

Back in the US now. Overall, it was a pleasant experience. Although the VO did not smile at me, it was still a hassle-free experience.

Also, I noted that a couple of people at the entrance were turned back since they did not get the bank receipt. The guard sent them back, asked them to pay the fee, get the receipt and then come back. Infact, one guy, whose appt was at 8 am, only got in just behind me. My guess is that he must have also been sent to the bank and probably came back after getting the receipt.

Thanks.
Click to expand...
 
congratulations

Congratulations for your visa,

I have couple of questions,

1. As you have mentioned, you drove to Canada. Do we need to be a Canadian PR to drive? I am in US on F1 and converting to H1 . I have an appointment in Toronto end of November 07, so I was thinking to drive there instead of flying. What would you suggest?

2. If incase my visa got rejected , what are the options? Do they force me to leave the country or give me some time to plan?

3. Any other do's or don's you suggest.

Thanks


pd_2004 said:
Hi,

I finished my H-1B visa interview at Ottawa on Sep 10, 2007. Didn't have any problem. Here is some background and my experience.

I work at a University on H-1B. This is the first time after converting from F-1 to H-1B that I am getting my H-1B stamped. Appt was at 9:30 am Monday. Went to Ottawa Friday night itself, went to Scotia bank on Saturday and paid the visa fee ($100/person).

On monday, went to the embassy at 9:15 am. The guard looked at the appointment letter, asked if I had the bank receipt, the application form, photo and required documents. Said yes. Let me in. Went through the security check. The document file was apparently too thick...so it got flagged by the machine. It was a normal folder, but I am guessing they have some checks if it is too thick or bulging. So the person took each set of documents and sent it through the scanner individually. I had my chapstick with me...the security person asked me apply it on my lips so she sees it is ok. Then allowed me inside.

Went to counter 1, where the lady collected the DS-156, DS-157, bank receipt and the I-797 form.

Waited for about 15-20 minutes. My name was called.
Went to the counter. The lady said that she was going to just take my finger prints now, and then will be called later for interview. So asked me to place all 4 fingers (except the thumb) of left and right hand sequentially on the scanner, and then both the thumbs. After that went back and sat down.

Waited probably about 1/2 hour. Then again my name was called. A young man, probably in mid-30s interviewed me.

VO: So you work at ....univ?
me: Yes Sir.

VO: What kind of work do you do?
me: described my work

VO: Where did you do your Ph.D. ?
me: mentioned the university name

VO: How long have you been in the US?
me: mentioned the time period

VO: So what did you do other than the Ph.D.?
me: Told that I first came for MS, then finished my Ph.D. and then have been working as post doc.

VO: Okay. I need to see your I-129 and LCA petition package, your payslips, and current letter of employment verification.
me: I hand him over the original documents

VO flips over the I-129 and LCA package, just quickly glances through the payslips, reads through the letter closely. Retains the letter and gave me the payslips and and I-129 petition and the I-797 approval notice back.

VO cancels my earlier F-1 visa stamps by putting a stamp on it that says "Canceled without prejudice".

VO then takes a note, circles the day and write 3 pm and gave it to me and said: "You can pick up your passport tomorrow at the entrance."

me: Thank you. Is that it ?

VO: That's it.
me: Thanks!

I drove to Canada. So on my way back at the port of entry, the USCIS officer took my old I-94s, asked a few general questions (where I work, what kind of work I do), then issued a new I-94 (computer printed) and collected $6 fee.

Back in the US now. Overall, it was a pleasant experience. Although the VO did not smile at me, it was still a hassle-free experience.

Also, I noted that a couple of people at the entrance were turned back since they did not get the bank receipt. The guard sent them back, asked them to pay the fee, get the receipt and then come back. Infact, one guy, whose appt was at 8 am, only got in just behind me. My guess is that he must have also been sent to the bank and probably came back after getting the receipt.

Thanks.
Click to expand...
 
In order to drive (for visa stamping) to Canada, you need not be a PR. All you need to do is to apply for a visit visa (please see http://www.cic.gc.ca/english/visit/apply-how.asp).

In case the visa gets rejected, you won't be forced to leave (through you have the option to wait in your home country), you can stay as long as the visa is valid (can extend if necessary). You can probably return to U.S. provided you have the F-1 still valid - please check www.amcits.com for details. Here is a link that I found it useful: http://toronto.usconsulate.gov/content/content.asp?section=visas&document=visa_app_advice.
 
Any advice on my predicament will be appreciated:

I am on H1B and planning to travel to India in February 2008 with wife (H4). We have received EAD and awaiting Advance Parole from INS, which should arrive within the next fortnight.

Am trying to decide if it is worth the risk to go to Ottawa for visa stamping so that I can re-enter on H1 and not use Advance Parole. This is because I want to have H1 as back up if our I485 for AOS is rejected for whatever reason.

Wife and I came to the US on separate F1 for Masters degree. I got H1 after that and she is now H4, so our case is quite straightforward. My concern is that I have a Muslim name. Is it possible that during the interview if they tell me that my case will take time to resolve that I can ask for my application to be cancelled and they return my passport and I 797 immediately so that I can use Advance Parole to re-enter the US? I don't want to be stuck needlessly in Canada.

Any thoughts will be appreciated.
 
hello gurus
i got h1b revalidated from toronto in 2003, now i have to go to canada again for another term revalidation. but my canadian pr card is going to expire in feb 2008. my appointment for h1 visa is in december 07. not sure if canadian or us immigration will raise any objection on the expiring pr card. any comments will be appreciated.
 
Hi Gurus,

I came to US on H4 then got my H1 approved. Now I am going to Ottawa for visa stamping. Should I expect any delays there? Mine is not a muslim name and I am from India. I know there are many ppl who get their status changed from H4 to H1 but just in case I need to be extra cautious about any questions going to be asked or anything like that. Please advise
 
I believe having a "common" first and/or last name is more likely to result in a lengthy name check than having a "muslim" first/last name. Just to let you know, every applicant undergoes a name check. Having an uncommon name makes it less likely to have a "hit". A "hit" causes delays since that needs human intervention.
 
Thanks for clarifying Triple citizen. My name is common in India though not heard everywhere in India. I am just hoping that it should go through fine.

Should I be expecting any questions around my H4-H1 status change?
 
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