H1b visa stamping

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pyrimidine

Registered Users (C)
Hello to everyone,

This is a great forum. People here are of great help. I thank you everyone in advance.

I came in US in august 2005 for master's in Business Administration (MBA) and successfully finished in December 2006. I got my H1b approval (I-797) in June 2007. I have a plan to go to my mother country which is India. Since my OPT and H1b approval, I am working as a consultant.

My Question: Is it safe to go to India (Mumbai) with I-797 hoping that I won't get any problem in getting H1b stamping on my passport while returning????

or I should go to either Canada or Mexico before going to India?

Which country is safe in terms of getting H1b stamping (Canada or Mexico)?

In Which center, I have a better chances of getting H1b stamping successfully?

Just to let you know that I have only couple of paystubs since my H1b status which started on October 1, 2007. Is that okay? I do not have any tax return since I am on H1b.

I sincerely appreciate your input, time and help. Thank you very much.
 
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Since you have higher education in the U.S. you can opt for Canada / Mexico too. However, I would get it from my home county since I am making a trip there anyway. You wont require any tax returns since you started working from 2007. For curiosity sake, I understand that you worked while on OPT - don't you have the paystubs for that period (prior to October 1, 2007)?
 
hello manwithnoname,

Thank you for your input. Yes I do have paystubs while I was on OPT (Between April and October 2007). But to stamp H1b one need to have paystubs during h1b period, am I right? My H1b started from October 2007 and so I think I need to show paystubs only after that period. Please correct me, if I am wrong.

My employer told me that there is 1% risk of going to India and stamping for H1b. US consulates in India are known to give trouble. I have already taken my appointment in Mumbai, India in the month of February, 2008. But after listening to my employer, I am little confused. I have done so much hardwork so far, coming to US on F1, spending lots of money on my US education. So I don't want to take any chance.

But my second worry is what do I answer US consulate, if he/she asks me why are you here in Mexico/canada? you should have gone to your mother country? what do I answer in that case?

Again I sincerely thank you for your help.
 
Yes, you need an answer for going to Canada / Mexico ... that's why i always considered going to the home country. in your case, only the last few paystubs (on H-1B) are necessary ... just keep some paystubs that you received during OPT. This will provide suppoting documentation in case the visa officer asks whether you worked on OPT.
 
Hello manwithnoname,

Thank you again for your help.

But why my employer told me that I am taking 1% refusal chance , if I go to India to stamp H1b on my passport? Has H1b stamping anything to do with the name of the employer? I think that the company with I am working is yet growing and probably US consulate in India might not be aware about the company. and this case they can refuse to stamp h1b on the passport. I mean my company doesn't have a reputable name like Wipro, Infosys and that is why my employer told me not to take chance with US consulate in India.
 
Cases may be rejected if the visa officer thinks the employer is fradulent - however this is rare. I don't think the knowledge base of the Canadian or Mexican consulates are different from their Indian counterpart. But if your employer insists on going to Canada / Mexico it's your call.
 
pyrimidine said:
Hello manwithnoname,

Thank you again for your help.

But why my employer told me that I am taking 1% refusal chance , if I go to India to stamp H1b on my passport? Has H1b stamping anything to do with the name of the employer? I think that the company with I am working is yet growing and probably US consulate in India might not be aware about the company. and this case they can refuse to stamp h1b on the passport. I mean my company doesn't have a reputable name like Wipro, Infosys and that is why my employer told me not to take chance with US consulate in India.
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Common! you have a baseless fear. From your side there is nothing close to suggest some kind of query would fall on you (based on the information that you have posted).....may be the employer has some thing to hide from you ;) . Take the company tax return documents and pictures with you. Also, if you are a consultant working for a Client, take a letter from the Client Manager.
 
Hello friends,

Thank you very much for your inputs. I know that I don't have to fear anything as far as my personal credential goes. with my educational background in US as well as India, I had never received any inquiry from USCIS. This is true for getting my F1 from India to getting my OPT/EAD and now H1b. This is the reason why I have already taken appointment to US consulate in India (mumbai) as well as booked my tickets to India. But when I asked my company to provide me all the necessary documents to be presented to US consulate in India, they scared me with 1% refusal chance.
 
hello everyone there..
i was wondering if some one can advice me, i came to us in 2003 on my tourist visa which are valid till 2010. i then got h1 visa here and never went back to india for stamping. i was wondering if would it be ok for me to go to mexico and get the first time stamping done.. will that be a problem... like refusal of stamping and send me back to india for stamping. either way even if they reject it in mexico would i be able to re enter usa since i have a tourist visa valid till 2010. is there anyone who can share their expericince for stamping in mexico.. plss help me out now its time for me to travel.
 
Your tourist visa may reamin valid but it is the I-94 that counts. Have you changed your status to H-1B while your I-94 was valid? Please get ready for additional questions regarding the change of status.
 
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