More details to this question:
Hello, 1)I was working on L1 through company A from 2007 - 2010 2) In 2010, I applied for H1B through company B (a body shopping company) and have been working with diffrent clients since then. 3)In Oct,2011, due to personal reasons , I had to be in India for 3 months and I moved to H4 through my husband's company. I came back and took a break and reapplied for H1 through company B which got approved in Oct 2012 and Im back working with a client now. My Q is : I'd like to get my stamping done in Canada (h4-h1) but I have been reading blogs that say its RISKY & to get change of status stamping only in home country so they can verify your education. However, even though I have Indian education, Ive worked in the US for 5years and moved to H4 for only a year. IS IT SAFE TO GET STAMPING IN CANADA WITH MY SITUATION? WHAT ARE THE MUST-HAVE DOCUMENENTS PLEASE RESPOND ASAP. THANK YOU VERY MUCH. Divya
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
I cannot tell you that it would be safe for you to proceed to Canada in order to apply for a H-1B visa. American consulates in Canada are not known to be friendly to third country nationals attempting to go up to Canada for visa stamping. The reason for refusal is as you have noted that they believe that such cases can be better decided in the home country. As you are probably aware, failure to obtain an H1B visa if you apply for one in Canada acts as a bar to your reentry to the States until the time that you are properly visaed. I further understand your concern about applying for an H1B visa in India when your company is a body shopping company. The American consular posts in India have been particularly difficult on these types of cases. The alternative of course is remaining in the United States and not believing that it is imperative that you travel back and forth.
Answered on Feb 22nd, 2013 at 3:02 PM
2 Awards
I would still recommend you obtain your H1 visa in your home country even under your circumstances.
Answered on Feb 09th, 2013 at 12:38 AM