multiple-entry H1 visa stamping from Canada or India ??
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Posted on: 20-02-04 20:54:06
Hi guptaak_2000,
If the US visa in your passport has not expired more than365 days, you can use the drop box system in India. Otherwise you need to take an appointment to get visa.
In Toronto, I don't have any idea. It may be the same.
Keep in mind that an H1-B visa is a dual intent visa which means that if you "intend" to settle in the US at some point of time, they can't deny you entry solely on those basis.
regds,
DT
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Microsoft - Which end of the stick do you want today?
I have a valid H1B and now in Canada.If I want to change employer and apply for H1B transfer will it be under new cap rule?
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ani
Tranfer of H1B doesn't come under H1B CAP.
thanks everyone.
ani.. H1 transfer does not fall under the new cap rule according to pt. 3 in this link - http://usembassy.state.gov/mumbai/wwwhindpr77.html
raajen.. my current visa expired 2 yrs back.. so have to go for the interview 
BUT I am still confused between Options 1, 2, 3 and 4.. let me reiterate the scenario.. just 2 months left for Canada immigrant visa to expire.. still waiting for new H1 to come which my employer will file this week under premium processing.. takes 15 working days.. so I may get it in my hand sometime in Mar end.. that leaves only 1 month to get both visa from India/Canada and PR from Canada so that I can re-enter US.
Option 1 -
I go to Canada, apply for PR/SIN and visa.. any problems that u see I could face here ????? problem I see firstly is I would have to show the officer some proof of my status in Canada.. which would be my PR.. but nowadays it is taking 1.5-2 months to get that.. how will it work then ? will I be getting some temp PR at the POE which would be sufficient.. I cannot wait for 1.5-2 months to get my actual PR as I don't have a lot of leaves plus my present employer/client may not grant me so many.. I know it doesn't take long to get the visa in Mumbai (even thru interview process).. secondly I presume rejection rate will definitely be more here than in home country.
Option 2 -
What if I go to Canada first (by rental car), apply for PR/SIN and then fly to India from there, get visa and come back to US.. even if it takes more time in India it will not matter as I have already been to Canada.. any problems that u see I could face here ?????
Option 3 -
How abt if I go to India first and get the visa on time, then fly to Canada and apply for PR/SIN and come back to US (by rental car).. any problems that u see I could face here ?????
Option 4 -
And finally if I go to India first, get the visa on time, come back to US and then enter Canada (by my car), apply for PR/SIN and back to US.. any problems that u see I could face here ????? problem that I see here is if it takes more time than expected to get visa in India.. then I will have to fly to Canada in between, apply for PR/SIN and come back to India, get visa and back to US.. any problems that u see I could face in this situation ?????
I am leaning more towards option 2.. but then I don't know if I am missing out anything.. something small that may put all my plans in a disarray.. what would u all opt for if u were in my place ?? I am counting heavily on ur suggestions.
Appreciate ur quick replies..
Thanks guys.
AG.
Quote:
Orginally posted by raajen
Tranfer of H1B doesn't come under H1B CAP.
Sorry to jump in here, but in the case of ani, a new H-1B will be required and it will count under the H-1B cap.
He said he has an H-1B visa but is living in Canada.
I take it to mean that he has an H-1B visa stamp on his passport, but does not have H-1B *status* in the US.
A so-called "transfer" of employers will not count under the cap only when the person is currently in H-1B status.
If someone has quit the job and is now in Canada, I think getting a new job in the US will require a new H-1B.
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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Guptaak --
Your case is interesting and not too different from mine.
Following are my thoughts:
Quote:
Orginally posted by guptaak_2000
Option 1 -
I go to Canada, apply for PR/SIN and visa.. any problems that u see I could face here ????? problem I see firstly is I would have to show the officer some proof of my status in Canada.. which would be my PR.. but nowadays it is taking 1.5-2 months to get that.. how will it work then ? will I be getting some temp PR at the POE which would be sufficient.. I cannot wait for 1.5-2 months to get my actual PR as I don't have a lot of leaves plus my present employer/client may not grant me so many.. I know it doesn't take long to get the visa in Mumbai (even thru interview process).. secondly I presume rejection rate will definitely be more here than in home country.
I think you should first complete your Canadian PR process.
You should not risk losing that because of H-1B stamping.
After you have done this, take appointment in US consulate and apply for H-1B stamp.
Do your best and prepare your case as best as you can.
Remember that because H-1B is "dual intent", you don't need to have "strong ties" to the post where you are applying (either Canada or India), like in the case of B-1/B-2.
If, for some reason, your visa is not granted, then travel to India and apply there.
This way, your option for Canada is always open and it is only a question of where you will get US visa.
In the meantime, you may get lucky and get a job in Canada, in which case the US visa is a moot issue.
Quote:
Option 2 -
What if I go to Canada first (by rental car), apply for PR/SIN and then fly to India from there, get visa and come back to US.. even if it takes more time in India it will not matter as I have already been to Canada.. any problems that u see I could face here ?????
You can do this as well.
I would say - take the chance and apply for H-1B in Canada.
If you succeed, it will save you a trip to India.
Of course if you wish to spend some time in India for other reasons, you can take this option.
Quote:
Option 3 -
How abt if I go to India first and get the visa on time, then fly to Canada and apply for PR/SIN and come back to US (by rental car).. any problems that u see I could face here ?????
NO !
Don't do this !!
You will be risking losing your Canadian PR deadline.
H-1B revalidation in India is taking a lot of time and I personally know people who got stuck there because of background/security/educational check for several weeks, even months in one case.
Some people are lucky and get the passport back within a week.
Don't run this risk, if you need your Canadian PR.
Quote:
Option 4 -
And finally if I go to India first, get the visa on time, come back to US and then enter Canada (by my car), apply for PR/SIN and back to US.. any problems that u see I could face here ????? problem that I see here is if it takes more time than expected to get visa in India.. then I will have to fly to Canada in between, apply for PR/SIN and come back to India, get visa and back to US.. any problems that u see I could face in this situation ?????
Don't complicate things unnecessarily.
Stick with the path of least resistence - go to Canada first and get your PR done.
Once that is done and not an issue any more, *then* think about where to get H-1B visa.
You can apply in Canada, or go to India - your call.
Quote:
I am leaning more towards option 2.. but then I don't know if I am missing out anything.. something small that may put all my plans in a disarray.. what would u all opt for if u were in my place ?? I am counting heavily on ur suggestions.
Sounds fine to me.
I would, however, suggest that you apply for H-1B in Canada first to avoid a trip to India for this purpose only.
Hope this helps.
Feel free to fire me a personal e-mail, if you want.
-Pratick
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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
