H1B stamping in Toronto,Canada no I94 (Counselor processing)

jagdeepn

New Member
I am on an H1B visa and was laid off in the month of march and april and got a new employer who sponsored my H1B visain the month of June, obviously i got my H1B petition approved but without the I94 card. Now I have to go to Canada to get a visa stamped (counselor processing). My question is what are the chances of my visa getting denied from Toronto, Canada or is it safe to apply from my home country ie India. I have all the docs that are reqd have bank statements, letter from the company, have a car here and have been in the US for almost 3 yrs now also have my credential evaluation certificate. Any foreseen problems after 9/11 to apply for a visa stamp in Canada?.

Also we have applied for and H4 extension for my wife and her extension has been denied bcos I havent got the I94. In this case i believe that i will have to take her to Canada with me and get her pp stamped right?. Also her name in the passport is her maiden name would that create a problem while reentering the US.

Is there a time frame in a case like mine within which I have to be in Canada for my visa stamping, I know you have to get it done as soon as possible.

I have been in the US for 2 yrs and 8 months and never have had expired visas/I94 and have always maintained status except for march and april 2002 when i did not get paid by my original employer.
Thanks
Jeet
 
its consular processing..

If you and your wife have a previous h1/h4 stamp then it should not be a problem. Did you include your wife's passport info when you took the appointment (nvars.com)? Maiden Name confusion is there only in Mumbai consulate.
You have to get the new I94 before continuing to work for company - new employer. You can visit a nearest POE (border) and get a new I94 based on the new approval before continuing to work and later at convenience go to canada to get the stamp.

However your spouse will be in danger of deportation if the out of status time is more than 180 days (from march till now - it seems like she is).
 
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