Question on H1B Stamping during AOS

Z

ZeusChicago

Registered Users (C)
Background:
My husband is on H1B and he didn't go out of the country after changing from F1 to H1 (July 2001) and hence H1B is not stamped. He has appllied for AOS in November 2002. He recently applied for EAD and AP and both are approved (hope to recieve them by the end of this month).

His parents are visitng and want to go to canada. We plan to take an appointment in Toronto for his H1B stamping during our visit. He never changed jobs after GC process started.

Question:
Should we expect any kind of problem in H1B stamping?. I know he has AP as a backup incase anything goes wrong. But he wants to avoid going to canada if H1B stamping is going to be an issue in any which way.

Thanks in advance for the response.
 
Why exactly do you need an H1-B entry visa if you already have an approved AP? The latter is just as good as (if not better than) any visa. Of course, if you find making appoitments at the US border post through the VARS system, waiting in line at the consulate, paying a visa processing fee (and possible a reciprocity fee), then coming back to pick up you approved visa -- again, if you find these activities entertaining, then you could this..

Canadian cities are wonderful places offering many exciting things to experience... Spending one's vacation time to get a rather useless in this situation H1-B stamp would be a masochist's idea of fun. Simply crossing the border back and forth using the AP is much easier and painless.
 
We wants to get the H1B satmped not for fun..the reason is if the green card gets rejected atleast he won't be out of status..that is the only reason why he wants to be on H1B visa not on EAD & AP.

Anyone with any suggestions?
 
If GC is rejected (a scenario), having the H1 stamped on your passport has not major bearing on your H1 status.

However, the issue I feel you are trying to state is:
If a GC rejection happens, traveling to Canada is risky because if H1 is not stamped, entry to US from Canada is not possible then. That option is now available with the AP in hand. So your planning is wise and well thought!

Getting a H1 stamped in Canada will not be a problem if all documents are in hand. However, you'd never know what the Consular is thinking. Be prepared to answer if asked as to why the US consulate in Canada and not in your home country.

Good Luck!
 
I had the same experience in trying to get the H1 stamping done at Toronto, except that I transfered from B1 to H1. Mine got rejected on the basis of Consular could not evaluate my degree cerificates and suggested me to visit my home country to get the stamp done, as my degrees would be evaluated there easily. I have told them these are the certificates I have submitted to get my H1 work authorization (infact copies of these originals). Their answer was that my certificates were evaluated by a third party blah.. blah..

What I came to know from my friends is Montrial better place for H1 stamping done (at least 3 of my friends have done at Montrial), in particular if your husband had got degree from USA which he had.
 
Check it out before going

My wife came here in H4 and then changed to H1-B. When we went to India, we realized that the consulate treats them as fresh H1 (Though she is working here for 2 +years) and needs interview, certificate verification and gotto take prior appointment and the whole thing. So we decided to use AP to get in....

So enquire about this before leaving the country. In any case, carry AP as a fall back plan.
 
Thanks for your responses. I heard from other sources that chances of H1B rejection is higher in Canada (compared to mexico) if you do not hold US degree.

My husband holds a US degree and he will also be taking his attorney' advice before leaving for canada.

Thanks again for sharing your information.
 
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