J1 to O1- information about TCN at Canada requested.

B

bkc

New Member
Hello,
I am an Indian physician on a J1. I am in my seventh year of valid J1 status (IAP-66) but the visa stamp has expired. I am likely to have a succesful O-1 petition. Does anyone have experience of processing for the J1 to O1 conversion in Toronto? What are the pros and cons wrt processing from India.
Sincerely
BKC
 
What do you mean by processing in Toronto or India? Since you are currently in J1, it means you are in USA now. So you need to apply for O-1 in the applicable service center here in USA. However, once you get the O1 approval from the service center, your status can not be chenged while in USA from J1 to O1 without the J1 waiver, so you need to go out of USA to get the O-1 visa stamped on your passport. You need to mention this in the O1 application itself, i.e., which place you want to get your passport stamped. Here you could mention either Toronto or Delhi or other Indian consulates. Since in this case your case is already approved and if you have all your documnets in order, you should not have any problem getting your passport stamped at any consulate. I know of successful O1 stamping in Delhi after O1 approval in USA. In fact, the officer just saw the visa application and realising it is O1, he sent him directly to pay the fees without seeing any documents. Since the case is already approved by INS here in USA, this type of cases generally do not create much problem for stamping. However, it is good idea to take all relevant documents that is required in case it is asked for.

Good luck.
 
I am just concerned about visa rejection for "other reasons" when I apply as a TCN. My J1 visa has expired. If I am rejected in Canada, I would not be able to re-enter US, and have to return to India.

Now why should I be paranoid abot O1 petition rejection in Toronto, you ask? Well, first I come from the Indian subcontinent and am a single male (profiling), next it is always easy to send someone back to the home country for the usual reasons (lack of awareness by consular staff that O1 allows dual intent, security clearance, sending a mesage to reduce work load for TCN processing at Toronto, personal history of rejection at Toronto).

Am I being paranoid?
 
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