h1B visa stamping and candian PR landing

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pavan_2

New Member
Need your help guys on this!!!!!!!!!!!!


I am from India came to USA on B1 changed to F1 did my masters and now on H1B for 4 years. I was never out of status and have valid pay stubs. I got Canadian PR this year and want to land and finish the landing process. Since I changed my visa here in USA I do not have a multiple entry and I am planning on getting one at the US consulate in Canada. I have a few questions if any of you gurus can answer that will be great.


1. Since I changed my visa status a few times and never appeared to get a visa before this year will there be any additional scrutiny.


2. My employer filed for my Green Card, I have an approved LC and I-140. There is a question on the form that asks about this, if I say YES and furnish these details will there be a chance of denial since I am potential immigrant? Have you seen approvals /denials based on this?

3. In case they deny my H1B and since I am Canadian PR I can stay as long as I want there, when can I reapply?

4. Will there be a chance they might ask me to go to India to get the visa? I can always say I am a Canadian PR will this work?
 
1.Since I changed my visa status a few times and never appeared to get a visa before this year will there be any additional scrutiny.

-- Scrutiny will always be there whenever anyone applies for a US visa. They might ask you a few questions regarding your previous statuses, but you should not worry too much about it because you have not done anything illegal and have not accrued any illegal presence.

2. My employer filed for my Green Card, I have an approved LC and I-140. There is a question on the form that asks about this, if I say YES and furnish these details will there be a chance of denial since I am potential immigrant? Have you seen approvals /denials based on this?

-- H1B is a dual intent visa, therefore, it will not cause any damage. You should answer "YES" and provide the details only if they ask for it.

3.In case they deny my H1B and since I am Canadian PR I can stay as long as I want there, when can I reapply?

-- You can reapply whenever you want. But I think if you are rejected twice, there is a minimum waiting period (at least 6 months??) before you can apply again.

4.Will there be a chance they might ask me to go to India to get the visa? I can always say I am a Canadian PR will this work?

-- Based on your cdn PR status, they will not ask you to go to India. Theorotically, you are a cdn resident from the time you "land" in Canada.
 
check out more information under visa stamping in toronto threads.

I have read some having been asked to visit india even though they had their pr with them.

Actually you do not need a visa stamping and may use auto-revalidation rule if your purpose is just to do the landing and return within 30-day period.
pavan_2 said:
Need your help guys on this!!!!!!!!!!!!


I am from India came to USA on B1 changed to F1 did my masters and now on H1B for 4 years. I was never out of status and have valid pay stubs. I got Canadian PR this year and want to land and finish the landing process. Since I changed my visa here in USA I do not have a multiple entry and I am planning on getting one at the US consulate in Canada. I have a few questions if any of you gurus can answer that will be great.


1. Since I changed my visa status a few times and never appeared to get a visa before this year will there be any additional scrutiny.


2. My employer filed for my Green Card, I have an approved LC and I-140. There is a question on the form that asks about this, if I say YES and furnish these details will there be a chance of denial since I am potential immigrant? Have you seen approvals /denials based on this?

3. In case they deny my H1B and since I am Canadian PR I can stay as long as I want there, when can I reapply?

4. Will there be a chance they might ask me to go to India to get the visa? I can always say I am a Canadian PR will this work?
Click to expand...
 
I was on B1, H1 and F1. I did change my status here from H1 to F1. Went to India in Dec, stamped it and came back. No questions asked abt past visas and just a few questions on the current visa. Since you were already in US, they are comfortable sending you again. So dont worry abt going for stamping. I didnt go for F1 stamping in Canada, since F1 is not dual intend and since I already did candian PR, they can definetely arugue that I will do immigration in US also. But my brother in law went to Canada (not PR) and stamped H1. He had several status changes, L1, F1, H1, B1... you name it. He was not asked abt any of those. Good luck.
 
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