Successful H1B & H4 stamping in Toronto

Bunty2772

Registered Users (C)
I got my H1B visa and my wife's H4 visa stamped on my passport from Toronto, Canada on October 6th, 2003. This forum helped me a lot in preparing for my appointment. I thought I should return the favor by sharing my experience with all of you here.

My appointment time was 10:00 A.M. I reached the consulate at 9:30 A.M and saw that there was a small line. My wife and my baby daughter(a U.S passport holder) were with me. The security guard asked me for my appointment letter before letting us in. There was some fruit and other food in my daughters bag and we were asked to throw it out. I obviously obliged.

Once inside, there was an another line just before we got to the first window. My wife and my daughter were asked to be seated while I waited for my turn. At the window, I was asked where I lived, and when I told her that I was in the U.S, she marked my applications with some alphabets. I also turned in my application fees and passports. I was then asked to sit and wait for my turn. The time was 9:45 A.M.

I waited for a very frustating period of 2 hours since I was very stressed about the whole thing. Finally, I was called to counter #5. As all of us approached the window. The lady at the window asked my wife to take the baby and go back to the waiting area. She then asked me to turn in my old passport since the passport I initally submitted was brand new. She then asked me to turn in all my documents. I was very confused at this point since I was expecting her to be specific. Anyways, I turned in the following documents to her:

1) Letter from my H.R indicating my salary and my start date.
2) Reference letter from my Manager
3) H1B and H4 approval notices (I-797) - Originals
4) I-129 and LCA papers - Copies attested by my attorney
5) OPT card - Original
6) Masters Degree Certificate - Original
7) last 5 to 6 paystubs - Originals
8) Company Brochures

While I was submitting all this, she was intensely going through every page on my old passport. She then showed me a copy of an old U.S visa and asked me if I had ever used it. And I, in a fit of utter confusion, said "No". Big mistake. This was a visa(F1) that I used to travel to the U.S sometime in '96 but had to return to India in 2-3 days due to a family problems. Since I did not go to the school on which this visa was issued, I instinctly said no to her query. She then looked pretty mad and showed me the entry stamp into the U.S that proved that I had used the visa to enter the country. When I explained that I had to leave in a couple of days, she said that she could not find any stamp on the passport that indicated that I left the U.S and entered any other county. I was in complete shock by then and was confused as to why she could not easily find the stamp that indicated that I entered India. The lady then threw the passport at me and asked me to find the stamp myself. I was now sweating and panicking while looking for this elusive stamp. The visit was so long ago that I was not even sure where to look for the stamp. Finally, there it was, the stamp that proved that I entered New Delhi. When I showed it her, she looked satisfied and chided me for telling her that I did not use the old visa. I apologized and explained that my reasoning for not using the visa was completely different from her interpretation. She asked me not to repeat this ever again.

The lady then asked me about how many employees worked for my company. I work for a small company of around 100 employees. She that pointed me to my paystubs and asked me why my Year To Date totals were showing such a small amount when I had been working for this company for the last two and half years? I was stumped since I did not realize that after my company was acquired, my payroll had changed and the new payroll had reset the Year to Date numbers. I started explaining to her about the acquisition and the payroll. She said she did not see any proof of my claim and said that all my paystubs indicated that my I had been working there only for 5 to 6 weeks. The acquisition was very recent and I FORGOT to include the older paystubs. Anyways, I was very well equipped with all my documentation. I immediately took out the folder with each and every paystub that I received from my company and placed it in front of this lady. She took a quick look at it and seemed happy.
I had just survived the second attack.

She then took a good look at my OPT card, my U.S. degree and my Marriage Certificate before returning everything to me. She then wrote up the Reciprocity Fee receipt and asked me to go to the 3rd floor to pay the fee and come back to her. I took the receipt and in the elevator, on my way to the 3rd floor, I was just thinking of what I had gone through. I paid the reciprocity fee of $75 each for both my H1B and my wife's H4. Anyways, by now, I was releived that I was actually getting our visa stamps.

I turned in the fee receipts to the lady at the counter and she had both our passports stacked up with I-797's in them. She then said she had another question for me. And her question was why my wife's I-797 had an approval date a week or two earlier than mine? I was stumped for the third and final time. I calmly started to explain to her about how the company that I was working for on OPT had also applied for my first H1B during which I had also applied for my wife's H4 and then in a couple of weeks, the company that I currently work for also applied for my H1B and therefore the discrepencies in the dates. She said that she did not understand a word I had said and just wanted to know why the dates were different. I immediately dug into my folders and took out my first I-797 notice and showed it to her. And she immediately said, "Oh, so you got it from a previous company that you worked for. Why did you not say so?". And she gave me back the H4 approval notice and kept both our passports and my H1B approval notice. She then asked me to pick up the passports the next day between 3:00P.M and 4:00P.M. All this took a total of 15-20 minutes.

I went to the consulate the next day at 2:45 P.M and found out they were already giving out the passports from the Window at the entrance. I turned in my receipts, got my passports, verified that all the information on the visa's were correct, and rushed to the airport to catch a flight at 6:40 P.M to return home. The gentleman at the U.S. immigration in Toronto was very nice and friendly and we were back on U.S. soil in a couple of hours.

It was a pretty nerve-wracking experience for both of us. But I guess we survived. I am happy that when we go to India on vacation in November, we will not have to worry about the stupid stamp and will just have a great time.

My only suggestion to anyone going for a visa stamping interview is to be very prepared. Take every document that you beleive is important. It'll surely help when the Consular Officer has doubts or questions.

Please let me know if you have more questions on my experience.
 
Excellent description of your experience, thanks very much for sharing that with everyone and Congratulations. I sent mine to DOS and waiting they said, it will be first week of Dec so waiting.

Good luck for the trip to India.
 
Employment Letter & Reference Letter

Thanks for posting your experience..... I have an appointmnet on October 31st for my first time H1B visa in vancouver.(F1 to H1)

I came to US on F1 got my MS in computer engineering. got my EAD(OPT card) valid till 07-29-2002. I got my first H1 from company A on 09-16-2002. and I changed to Company B on 01-13-2003.

Company B gave all the documents(Employment letter, LC Application I797 etc)

Will the consulate ask for Employment letter from company A?
Right now I don't have that and I can't get that also coz it is a small startup company and not existing anymore.
but I have all the paystubs, w2 and I 797 from Company A

and also please lemme know if I need to address the employment letter to the US embassy at vancouver ??

I took the Employment letter.. It has my salary, Position and its Description ,duration and brief description about my company .... . and it is signed by company president....Is that enough.. or Do I need take the reference letter from the manager???




Thanks in advance
pranavi
 
great description

My saga

working for co A in the us on H1B #1 get married get my wife an h4.. h1b#1 and h4 expire
get h1b#2 and h4 #2
now before i get it stamp0ed i get laid off but am still on the payroll of co A , company B hires me and gets my h1b#3 Premium processing , pay all fees etc i have new aprovals in my hand in under a week

my hatr goes off to Mr. Rajiv khanna and the associates who helped me


i sent my passport and my wifes passport to St louis to get stamped and assume 3 months before i get them back ... guess what the passport is returned to me in 2 week with a new visa stamp in it :)
 
documents that shows ties to the home country

hi


I got the appointment in vancouver on october 31st

In the confirmation letter I got from vancouver says that I need

some documents that shows my ties to the home country (India)

are these the Required documents for my H1 satmping??
 
Hi Pranav

Is that Vancouver -British Columbia?
How many days in advance do we need to make take the appointment?
Did you find out any more about what kind of proof showing "ties to the home country (India)" they need?

I am planning to go to Vancouver -British Columbia too in dec, please post your experience on this forum.

Thanks and good luck
 
Bunty2772 gave only these documents when toronto people asked....

1) Letter from my H.R indicating my salary and my start date.
2) Reference letter from my Manager
3) H1B and H4 approval notices (I-797) - Originals
4) I-129 and LCA papers - Copies attested by my attorney
5) OPT card - Original
6) Masters Degree Certificate - Original
7) last 5 to 6 paystubs - Originals
8) Company Brochures


in the conformation letter that I got from vancouver is a general letter.... and they gave the required docs for all types of visas(F1,H1,H4 etc....)

Right now I don't have any documents that shows my Ties to india.... and I can't get them also now, as I am having appointmnet on October 31st.....
 
I apologize for not replying to your queries here. For some reason, I have not been receiving e-mails on replies to this post. Maybe I forget to check the checkbox. Anyways, I'll try and answer everything.
 
Hello pran10,

I was in almost a similar situation as yours. I did not have the employment letter from the first employer but had all the other documents. And my first company is not more now and there was no way to get even a copy. But I was never asked for the older company's documents. She only looked at my current employment information.

But I also noticed in your case that you got your first H1B two months after the expiry of your OPT. Does that not make you out of status for those two months? I did show my OPT card to the Consular Officer but I got both my H1B's within 3 weeks of each other and both were before the expiry of my OPT. You may want to talk to a lawyer about your case since every experience is different.
 
Bhai Pran10

Your passport shows your citizenship, what else they would need to show your ties with India, also take all previous education certificates if you have any(that would show that you attended schools in India).

Best thing is to call them and ask them what they mean by documents showing ties to India.

Also take if you have copies of driving licence from India or if by any chance you have domicile certificate.

If you have ever applied for I-485, you might be having a municipal committe given birth certificate also.

All these things show your ties to India.

Other interpretation of this could mean that you would go back to India after your H-1 expiration, for that you can show copies of passports of your parents(you can get those faxed to you) and tell them that your parents and family is there so you would go back after your visa expires.

That's all what I can think of and I feel you should be pretty ok.
 
Questions regarding DS 156

Bunty 2772

Thanks for answering my Questions... I forgot to mention that I was in student status after my OPT Expired.... and Immediately got the Job and They filed for my H1.

I have couple of more Questions regarding DS156

a) Question 15(Home address) Should this be India Address or U r currect address in US

b)Q 31(Have you ever been refused US visa) I got my F1 on second attempt, So should I answer "Yes" for this Question

(I applied for F1 in July 7th 1999 in chennai.. My application was rejected because of the Insufficient Documents.. after 15 days(July 22 1999) I applied for it Again... and I got the F1 visa.
Some my friends say that I can answer "No" to this Question .. but some people say I shouls answer Yes... What should I do???)



c)Do we have to fill DS 158 form


I would appreciate anyone answering these Questions

Thanks
Pranavi
 
Last edited by a moderator:
a) Question 15(Home address) Should this be India Address or U r currect address in US

I put in my home address in the U.S here. This is a non-issue.

b)Q 31(Have you ever been refused US visa) I got my F1 on second attempt, So should I answer "Yes" for this Question

I am not really sure about this. But I would guess that you would put a "No" here since you did get the visa on ur second attempt. You may want to post this as a separate question on the forum. Someone else may be able to help you.

c)Do we have to fill DS 158 form

I beleive we only need to fille in DS157 and DS156 for all male applicants. I did not fill out the DS158 form since I beleive this is only required for student visas, not for H1's.

Do not consider any of these answers as legal advise since I am just a layman with no legal training whatsoever. I suggest you talk to you lawyer to be certain. I've only listed my experiences and practices.
 
got the appointment in vancouver on october 31st

In the confirmation letter I got from vancouver says that I need

some documents that shows my ties to the home country (India)

are these the Required documents for my H1 satmping??



I think it is standard for any non-immigrant U.S visa to prove that you are planning to return to India and you do not intend to stay in the U.S forever. I am sure you remember we all had to deal with this when we went for our first F1's. As long as you have your Master's Degree from the U.S., it should not be a problem. I did not have anything relevant to prove my ties to India. Do not forget to take ur W2's and tax return papers along with all ur pay stubs and letters from your place of employment.

Again, this is no legal advise. Just a personal opinion.
 
Bunty & PremChopra

Thanku so much for answering my questions....... I will post my experince after coming back from vancouver...


-Pranavi
 
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