Unique H1 stamping issue...

[saandy]

Hi,

I completed my education in the US. I have been working as an independent contractor (paid by 1099) on my OPT (valid till Sep 25) for the past 6 months. My employer filed for my H1 and I got it approved (starting Oct 1 2004). I want to go to Canada and get my H1 stamped before visiting India. I have a few doubts and any help will be greatly appreciated.

1. Can I get my H1 stamped even though I am still on OPT ?

2. I dont have paystubs as I have been paid through 1099. Can I present something else as proof of my employement (check images/letter from the employer) ??

3. Will I face any difficulties due to my mentioned circumstances ?

Thanks,
Saandy

 

[sdrblr]

Unless the rules changed (for consulates in canada) the earliest date to get your H1 stamped is 10days before it starts. I know they have relaxed this rule for few consulates (like in india) where the volume is very high...where you can get stamped earlier also.

Having said that and assuming its still 10day rule in canada, the earliest you can go is sept 21st....and anyway you need to get appointment 3 weeks in advance...so instead of going in mid sept I would suggest if your schedule permits wait till you get a couple of paystubs on H1 and then go to canada in first week of novemeber ...then there should not be any problem at all as you have paystubs on H1 and you can always tell you were on OPT before.

May be others have a better suggestion.

 

[talkative]

BTW, recent rule changes means you cannot reenter USA if your visa is refused in Canda. So there's no advantage in getting the stamp in Canada. The disadvantage is that if they see anything complex, they may request you to apply in India.

So, you are better off applying in India. If you cannot find an appointment, open the site in a new browser and keep hitting reload. If somebody cancels their appointment, you can grab it. It takes some patience, but this is how I got an appointment at short notice when I got my stamp.

BTW, make sure you do not get paid for the period Sept 25 to October 1 and carry documentation to show that when you go to consulate.

~T