Went to Canada for visa stamping.... please help Jaxen, Martha, Jim

A

agupt

Registered Users (C)
I have another big issue - Here is the whole situation -

I came here on tourist visa back in september 2000 - found a job - got H1b approval notice and new I-94 from INS in January 2001. Now the company\'s lawyer suggested me to go to Canada for visa stamping (my case was his first h1b case - I did\'nt knew that until it was too late). So I went to Canada in March 2001 - Ottawa Emabasy - what happened there was they put a Application Received stamp on my passport - and later during the interview they told me that they have to deny my application because they do not have enough resources to evaluate my credentials (this happened even when I had 2 separate degree Equivalence certificates). However since then I never had courage enough to go back to India and get my passport stamped.

But now I am about to loose my job - and I might end up changing my status from h1 to f1 or h1b transfer. Now I am wondering if that happens then should I go to India for stamping - What I am worried about is that even though last year Ottawa Embassy put application received stamp on my passport they have not put any rejection remarks or stamp on my passport. So now if I go to India - then in the application they ask that whether you have been rejected before - then what should I write?

If I say no - then is Embassy going to notice it - The interviewer in the Ottawa Embassy never told me that my case was rejected - all he did was gave me a reason and a unsigned suggestion letter suggesting that I should get my passport stamped in India.

I have many other issues this is another one of them. Now I know that how much mess one gets into once one gets laid off. I will really appreciate if either of you can suggest what possible course of action should I take.

Thanks
Aakash
 
Your app will not be seen in disfavor becoz of ottawa "deferral".

You should tell the truth. Answer yes for have you applied for this visa before. and answer "decision deferred" in action taken column. Attach the copy of the letter from ottawa embassy. Remember, any US consulate will have the information that you attempted to get the stamping at Ottawa.
So your visa application will be considered as a fresh application. Now whether your change of status to h1(previous) or H1 transfer(present/future) will be seen in favorable terms is anybody\'s guess.

One thing for sure your H1 to F1 is likely to be rejected, since by desparately changing visas your non-immigration intent is not clear and F1 requires a clear non-immigration intent.

Moreover the visa officers at the consulate have wide discretionary powers when it comes to determine whether you have immigration intent or not.

I had a friend in a similar situation. She also did not feel confident to go to her home country to get a stamp after the US consulate in canada refused to give the stamp based on inability to evaluate her non-US degree. She waited and did her GC processing and went to her home country only recently(after 3.5 years) using AP.

That is the only safest option for you to stay in the US and not lose your status that works 100%. All other options have an element of risk in them.
 
Thanks a lot

I really appreciate your response. I am right now keeping my fingers crossed - trying to look for another job as well as trying to get into some college - so as to somehow atleast remain in status.

I know for fact that by the end of March I am going to know my fate. Once the situation becomes clear I will again need your help. You have shown me the whole picture and what my options are with respect to my current situation. But it might change a lot (either in a +ve/-ve manner) in the next 15 days.

Thanks
 
H1 revalidation in Vancouver

Has anyone recently got H1 stamped in Vancouver Canada. I am educated from India and planing to go Vancouver next week.

Appreciate your reply.
 
I will suggest not to go over to Canada

If you are getting h1b visa stamp for the first time then my suggestion to you is the best possible way to get h1b visa stamping is to get it done from India. I did the same mistake and went to Canada and since then I have been regretting my decision. In India they atleast cannot refuse you on your educational credentials. But if you go to Canada the best and most common answer they can give you is they do not have resources to evaluate your credentials and may reject your case. The best option for getting Visa stamped for the first time is in your home country.
 
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