Help! - H1 extension got rejected

S

smellsgood

Registered Users (C)
Posting this for my friend since she doesn't seem to be able to post for some reason:
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My H1B transfer was rejected. I have the I-797 with my new H-1B visa approved, but the extension for stay was rejected. So I was asked to go back to my home country for a new H visa stamp. So is it still possible for me to go to Canada instead for a new stamp? Do you think with my I-797 (with the deniel of extension for stay) I can have a visa to Canada, and a visa back to US at the US consulate in Canada? Do I need to file I-824 to ask BCIS to forward my info to Canada instead of my home country consulate?
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I am not sure in the post 9-11, they are entertaining any visa extensions in Mexico & Canada. Check at the other forums too.
 
no risk taking business. I will go to my home country to stamp it and not wait in canada for further quiries .
 
Originally posted by smellsgood
Posting this for my friend since she doesn't seem to be able to post for some reason:
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My H1B transfer was rejected. I have the I-797 with my new H-1B visa approved, but the extension for stay was rejected. So I was asked to go back to my home country for a new H visa stamp. So is it still possible for me to go to Canada instead for a new stamp? Do you think with my I-797 (with the deniel of extension for stay) I can have a visa to Canada, and a visa back to US at the US consulate in Canada? Do I need to file I-824 to ask BCIS to forward my info to Canada instead of my home country consulate?
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There is a group of countries like Iraq, Iran, Sudan, etc that cannot do that from Mexico and Canada. Other than that you should be able to do it. Check the forums.
 
I think it should not be a big problem going back to your home and getting h1 stamped. By the way, which embassy do you have to go....
In chennai, I heard they are asking all redicule things like...
pictures taken in your office, w2's from your co-workers, w2's of yours for all years and they are actually taking atleast 3 to5 months to stamp on visas. I had a freind who is stuck there right now. I am just letting you know..if you have to get all this things done. Anyways all the best
 
By reading the context of your mail it appears that your H1 extension got approved; however, you didn't get I-94 with your extension. This is not common but it is not very unusual either. Somehow BCIS is feeling that they don't have enough information about you, whether you were legally here thoughout your staying in US. In that case they ask the petitioner to get visa and subsequent I-94 from their home or any third country. Considering to get visa from Canada is certainly a good option. Please check H1 site and also archives to find valuable information.

Originally posted by smellsgood
Posting this for my friend since she doesn't seem to be able to post for some reason:
-------------------------------------------------------------------------
My H1B transfer was rejected. I have the I-797 with my new H-1B visa approved, but the extension for stay was rejected. So I was asked to go back to my home country for a new H visa stamp. So is it still possible for me to go to Canada instead for a new stamp? Do you think with my I-797 (with the deniel of extension for stay) I can have a visa to Canada, and a visa back to US at the US consulate in Canada? Do I need to file I-824 to ask BCIS to forward my info to Canada instead of my home country consulate?
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Click to expand...
 
if H1 extension is approved and only I 94 is not issued then it may be mistake, either fiiling the H1 application form or from INS side while issuing your H1 visa. This has happened to one of my friend back in 2001 . In that case we reapplied his h1 visa mentioing that this person is already present in US and needs with I 94 . It took 2 more months but then they did issued another H1 visa with i 94 extension. You need to be ready with worts to worst case scenario in case you go to canada .
 
This is because you have a gap between your H-1Bs. Check attorney Murthy's website for more information. Probabaly you have to get a new H-1B stamp from cosulate at your home country, not Canada or Mexico.
 
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