Hello everyone.. sorry for not being in touch.. visiting this site after couple of months.. was busy with my relocation, settling down and new project.. but here I am again.. and need ur help once more

Here's the situation.. my current H1 is expiring on 10 Mar 2004.. I have given the docs for extension via premium processing and hopefully the new H1 should arrive in a month or so.. and my Canadian immigration visa expires 26 Apr 2004.. so have to come to Canada before Apr 26 to claim my PR.

Question is whether to get the multiple-entry visa stamping for the new H1 done from Canada or India ??? I see 4 options -

1. US -> Canada (get PR and SIN, H1 visa) -> US
2. US -> Canada (get PR and SIN) -> India (get H1 visa) -> US
3. US -> India (get H1 visa) -> Canada (get PR and SIN) -> US
4. US -> India (get H1 visa) -> US -> Canada (get PR and SIN) -> US

I am not able to decide which is the best and safest option.. the problem I see with 1st option is the possibility of H1 visa getting rejected or in worst case getting only a single-entry visa (which would be useless as I cannot go to Canada or India again in between if I want to).. the reason being that I would be applying for the multiple-entry visa as a Canadian immigrant and wanting to go back to US in a day or 2.. may also have to convince the officer that I have no intentions of settling down in US when I go back which in my case I think will be a bit difficult to prove since I have been here for 3.5+ yrs now and I don't have any assets in Canada (like a house etc) to show too..

I also searched on the internet for more on this and found a couple of instances where people had made an appointment with the US Consulate in Canada for H1 visa and they were told it cannot be done from Canada.. that may not be the case with everyone but I guess still there's more risk in trying to get it from Canada than India.

I am confused between options 2, 3 and 4.. trying to think which would be the easiest way with no forseeable problems..

Pls correct me if I am wrong in any of the statements above.. or any other options..

There is not much time left for me to plan all this.. so I would really appreciate if anyone (Mr Massood and others) can get back to me on this.. I am willing to call/chat to discuss if required.. my email is or provide ur email/chat id and I will get in touch with u.

If there is any similar posting already on this site then pls let me know.. I couldn't find any to the point.

Thanks a lot.
Aakash.

I was in your situation couple of months back and actually took option one.
But luckily I got a good job here and decided to stick around for sometime before moving back to USA again
If you get appointment for H1 stamping in India better do that ..I know in Calcutta rejection rate is lower than other metro cities
Advantage here is if you get your H1B stamped from India and move to USA first it will be easier for you to enter Canada from USA ...in fact if you drive across the border probably you don't need to wait for PR or SIN card(Now it is taking 4-6 week time).PR card is required if you are travelling by commercial carrier
I don't know whether you already got a appointment in Toronto Consulate or not...bacause you need to book atleast 1.5 months before
Thanks

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ani

thanks much for the quick reply Ani.. I was deciding on option 4 too.. that way as u have said it will be easier for me to enter Canada from USA.. I can just drive across the border, apply for PR/SIN (can give friend's addr who stays in Kitchener) and come back to US in a day or 2..

I didn't understand the last stmt abt getting an apt in Tor Consulate.. did u mean for H1 visa stamping bcoz I would be doing that in Mumbai and my current employer is based there too.. or did u imply something else ?

If u don't mind I would love to talk to u over the phone.. or maybe we could even meet in case u are in or near Chicago.. I am just 1.5-2 hrs south of Chicago.. I have already mentioned my email in the previous post.. u could email me ur no and I can call u or vice-versa.. discussing on the forum is gr8 but speaking to someone is diff.. u know what I mean ..just had some more doubts to clear..

hoping to meet/chat soon..
AG.

Hi Guptaak,
If you are planning to do H1B from India you don't need to book appointment in Toronto Consulate
But if you plan to do stamping in Toronto then you need to book appointment atleast one month before
Check out http://www.canadiandesi.ca/read.php?TID=491&page=1

Also I was checking indiantimes and found this latest news which I thought could be helpful to you
http://economictimes.indiatimes.com/articleshow/articleshow/503730.cms

To get latest US visa situation I would recommend to visit following two sites and to post your queries in those forum also ...to get some other advice .
http://www.immigrationportal.com" rel="nofollow">LINK
http://www.murthy.com" rel="nofollow">LINK

Check out whether you need to book appointment in Mumbai consulate or not I believe you need to but not 100% sure

email to me over if you need any other info

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ani

thanks for the links ani.. I guess the H1 cap is for new H1 only.. it should not affect my H1 extn and revalidation in Mumbai.. right Mr Massood ?

and yes everyone has to book an apt and attend interview for reval in India now.. atleast in Mumbai that I am aware of from what I last heard and read.

AG.

I would assume that the cap is for new applications. However, I am not a US lawyer. My advice is only based on Canadian laws.

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Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607

Yes, the quota affects only new H-1B cases.
Extension of stay cases like yours are not subject to the cap.

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