Visa stamping experience for physicians
- Thread starter GMC92
- Start date
H1B stamping
I presume you are planning to have your H1B stamped on your passport from a J1 status. I am actually planning to do the same, hence I have been reading a lot about other physicans' experiences (not on this site, though).
As far as I know, there doesn't seem to be much problem at all so long as you have all papers in order and you have not been out of status in the past. I could tell you the problems that I've read: not being able to have an appointment in their home country (for people who originally wanted to go home for the stamping), thus, ending up having to have it stamped in Canada/Mexico, instead; being stuck in another country because for security check purposes, their visa cannot be given right away; or for some reason, the visa got refused.
Do not let these incidences scare you though, because majority of the time, there have not been any problems at all. The consular officers seem to be really great in Canada. Just make sure all your papers are in order ( and hopefully, you have not been out of status before). Even with the unfortunate incidents that I have read, I'm still going to Canada to have my stamping done there as based on how easy it has been for a lot of people, I'm quite assured that mine will not be a problem, either.
I presume you are planning to have your H1B stamped on your passport from a J1 status. I am actually planning to do the same, hence I have been reading a lot about other physicans' experiences (not on this site, though).
As far as I know, there doesn't seem to be much problem at all so long as you have all papers in order and you have not been out of status in the past. I could tell you the problems that I've read: not being able to have an appointment in their home country (for people who originally wanted to go home for the stamping), thus, ending up having to have it stamped in Canada/Mexico, instead; being stuck in another country because for security check purposes, their visa cannot be given right away; or for some reason, the visa got refused.
Do not let these incidences scare you though, because majority of the time, there have not been any problems at all. The consular officers seem to be really great in Canada. Just make sure all your papers are in order ( and hopefully, you have not been out of status before). Even with the unfortunate incidents that I have read, I'm still going to Canada to have my stamping done there as based on how easy it has been for a lot of people, I'm quite assured that mine will not be a problem, either.
I have a little issue... I've been on B1/B2 visa in the past and stayed longer than 6 months, got extension of status approved through INS and did not fall out of status as far as I know. Also this time came to US on B1/B2 in 12/01, then changed to J1 to start residency in 6/02 and haven't left the country since.
What do you guys think? ..would I be at higher risk to be denied H1B stamp in Canada?
thanks!
What do you guys think? ..would I be at higher risk to be denied H1B stamp in Canada?
thanks!
When is your H1B start date?
You're most welcome! I have a few questions, though.
You said you're flying to Canada in two weeks, but you haven't filed the papers online yet. Are you saying that you do not have an appointment with the American Embassy in Canada yet? Which embassy are you going? It usually takes more that two weeks in advance to get the appointment. Moreover, you have to wait for the appointment papers from the embassy to arrive as you will be needing this to show to the security guard there. It also contains the papers you need when you pay at the bank in Canada.
My other question pertains to your H1B start date. What is indicated on your approval letter and/or I-94? Are you planning to have you H1B visa stamped more that 15 days before your start date? This concerns me because when I talked to an immigration officer, she told me that you cannot have it stamped more than 15 days prior to the start date. From my own research, my understanding is that if you come back from another country more than 15 days before the start date, you will be coming back on your J1 and that might invalidate your H1B (I'm not 100% sure about this but I won't take that risk).
You're most welcome! I have a few questions, though.
You said you're flying to Canada in two weeks, but you haven't filed the papers online yet. Are you saying that you do not have an appointment with the American Embassy in Canada yet? Which embassy are you going? It usually takes more that two weeks in advance to get the appointment. Moreover, you have to wait for the appointment papers from the embassy to arrive as you will be needing this to show to the security guard there. It also contains the papers you need when you pay at the bank in Canada.
My other question pertains to your H1B start date. What is indicated on your approval letter and/or I-94? Are you planning to have you H1B visa stamped more that 15 days before your start date? This concerns me because when I talked to an immigration officer, she told me that you cannot have it stamped more than 15 days prior to the start date. From my own research, my understanding is that if you come back from another country more than 15 days before the start date, you will be coming back on your J1 and that might invalidate your H1B (I'm not 100% sure about this but I won't take that risk).
I haven't heard of such a case like yours, Midwestfp, so I can't really say. Logically speaking, it doesn't sound like you should be at risk, but who knows, it only takes one illogical consul to deny a visa. Maybe some of the experienced people in the forum could give you some info. I'll let you know if I find out anything.
15-days
The 15-days mean that you should not come back from another country more than 15 days from the start date of your H1B, Midwestfp. Say, your start date is July 15, then you should not reenter the US earlier than June 30th-- that is, if you want to reenter the US using your H1B visa. Otherwise, you will be reentering the US as a J1Visa holder and your H1B might be invalidated.
Pls. remember that I am not a lawyer. I am only sharing you the info which I have learned so far. You might want a lawyer's opinion about this.
The 15-days mean that you should not come back from another country more than 15 days from the start date of your H1B, Midwestfp. Say, your start date is July 15, then you should not reenter the US earlier than June 30th-- that is, if you want to reenter the US using your H1B visa. Otherwise, you will be reentering the US as a J1Visa holder and your H1B might be invalidated.
Pls. remember that I am not a lawyer. I am only sharing you the info which I have learned so far. You might want a lawyer's opinion about this.
