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Change of Status or first time H1B visa stamping Canada or Mexico? H4 to H1B, F1 to H1B etc ? Go to Home Country for visa Stamping?
With the Latest New H1B visa petition rules of 2011 quota, getting H1B approval notice from USCIS is one hurdle and then getting H1B visa stamping is another big hurdle. This article explains few scenarios and helps you throw some information about visa stamping in Canada, Mexico, Bahamas or your Home country. This article assumes you are in US on a visa and did a change of status to H1B visa and worked in US or plan to work in US after re-entering US.
Info on Change of Status(COS) from F1 to H1B , H4 to H1B, L1 to H1B, etc.
If you are in US on F1 visa, L1 Visa, H4 visa or any other visa and apply for H1B visa through a H1B visa sponsoring employer and get H1B approval notice and if you start working or you intend to start working after you leave US and re-enter US, you will need to get your H1B visa stamping done. The sentence seems confusing; bottom-line if you leave USA without any H1B visa stamping and re-enter US on H1B status then you need to have H1B visa stamped to work in US. You can keep working in US and do a Change of status without getting visa stamping done as long as you do not leave the country and try to re-enter. If you are in US you have few options either get visa stamping in a neighboring country like Canada or Bahamas.
Why Cannot you go for First time H1B visa stamping to Mexico ?
You cannot go to Mexico for first time H1B visa stamping or any kind of Change of Status. You can only go to Mexico for renewals only. People used to be able to get change of visa stamped before( I got my first H1B in Mexico too), but NOT now. The Mexican Immigration website of Tijuana and Matamoros clearly says that Third Country nationals(TCNs) cannot apply for change of status visa stamping.
Here is exactly what it says in immigration website of Tijuana
“ Who Can Apply in Mexico
- TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business) or H-2 (temporary or seasonal workers). A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.”
Please read “Who can Apply in Mexico” Section in the immigration websites below.
- US immigration website Tijuana Visa Services
- Non Immigrant visas for TCNs US Matamoros Consulate website
Can you go to First time H1B visa stamping in Canada ?
This is a very confusing question for everyone, can we go to Canada then for first time H1B visa stamping. The reality is, there is no rule or any condition written anywhere just like on US Mexico Consulate website on US Canadian Consulate general website. The consulate general website mentions that H1B visa holder required documents and puts in a clause at the end : “Consular officers in Canada may refuse to issue a visa to H-1Bapplicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada”
What they are trying to say is it can create issues if you have full education or experience in your Home country. This is a typical case for L1 to H1B conversion or H4 to H1B visa conversion people. It is a caution to someone who did not study in US or work in US to avoid if you can.
Please read the below
- US Canadian Consular Embassy website H1B visa required docs
- Sample Murthy Forum Response : H1B visa first time stamping in Canada
- Visa Appointment registration System in Canada
Can you go to First time H1B Visa stamping in Bahamas ?
Yes you can. There is no rules as of now like Mexico. I know few of my friends who went to Bahamas for Visa stamping last year. One went for F1 to H1B visa and other for L1 to H1B visa. They had to get Bahamas visa to go there too. You should call the Bahamas Embassy under the new rules they mention on their site before you book an appointment. You can read the details below
Summary: Where to go Canada, Mexico, Bahamas or Home Country for first time H1B visa stamping or Change of status?
As you cannot go to Mexico, it is out of picture. Next option is for Canada, see it is risky in Canada if you do not have US education or experience in US as they clearly mention on consulate site of Canada. Personally, Bahamas seems promising as I have not heard any issues. Bahamas is something to consider. You will have to defend your visa interview though with full documentation and any questions though. What my understanding after reading many blogs and other info in many forums is : it is recommended to go to Home country for change of status or First time H1B visa stamping. The reason is, it is much easy to verify your education certificates, work related certificates etc if you have from your home country.
Important: These are all my personal thoughts based on readings on blogs, Forums and US Consulate website. You need to contact the US consulate for up to date information or to find any changes in rules.
Image Credit :http://www.flickr.com/photos/naystin/392302587/
Related posts:
- H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada.
- Process of F1 to H1B Visa change of Status. OPT Rules, Planning – Tips
- L1 to H1B visa conversion Advantages ? L1 to H1B transfer, change of status implications in US
- Best way to pay off Education loan in home Country after getting Job in US?
- F1 Students traveling to home country from US – Procedures at School?
{ 20 comments… read them below or add one }
Hey There
I have changed my Status from F1 to H1 for FY 2011. I have received the approval notice. This is a first time H1b, please suggest me where should i go for stamping.
Thanks
Aly, they recommend to go to home country for stamping when you are changing status…the logic is being that they can verify your education credentials….having said that, some people go to Canada and Bahamas…Check the consulate websites and see if they still do the change of status…
I have done my MBA here and working with the direct employer. In pakistan it takes too long for Stamping as my F1 took me around 9 months to get my passport with F1 stamping. Any Good Suggestion with any current experiences?
Wow ! Thats long…..I would look at Bahamas, if they still allow change of Status visa stamping…if not Canada is second option….
Hi Kumar,
I am from Turkey. I applied for a change of status form F1 to H1b, waiting for the approval. I had H1B before my F1, so this will be my second H1B. I also have an MBA in US (graduating in September).
I was thinking to got o Canada for my H1B stamp. Since I already have work and education history from US, i am hoping that it will be easy to get my stamp in Canada. What do you think?
Also, do you think it is safer to go to Canada for the stamp after working at the company for couple of months? So i will have pay checks and some history with the company? Or does it not make any difference?
Thanks in advance.
Pinar, I think it would be fine to go to Canada, the logic is because you have a US degree. I would think so, it would be good to go after working for couple months so that you have some history….but practically, it does not make much difference….
HI
i came to the united states on visitor visa since november/2004 and after that i change my status to h1b starting october/2005 then i change employer in april/2007 then one more time in november/2008 and my h1 expire in october/2011..im working in a big company..
since november/2004 i never left the states..
is it safe for me to get the visa stamp from my origin country(egypt)
or do you think from your experience has some risk
i have all the documents with me
thanks for yr time
Sam, Logically, it is preferred to get stamping in home country because they can verify your education certificates and other stuff as needed. Having said that, there are some risks too involved. It is your judgement call. As long as you have everything right, you should be fine, it does not matter..you will be fine anywhere.
Hi Kumar
thank you very much for great post, your blog has cleared my all doubts regarding COS stamping,now i need ur suggestion for my case, i have h1b, i came to usa on F1 then i got H1b in dec 2009, i have indian Degree, i have to go india for some personal issue, can u please suggest me where should i go for stamping? As u know lot of people stuck in in india on h1b stamping and i dont want to take chance, now i am thinking to go Bahamas for stamping…..so can you tell me whether Bahamas consulate do new h1b stamping or not?? thank u in advance..waiting for ur reply
Jay, I do not know the current information about Bahamas. Why dont you call their consulate they should be able to help you out. I know few friends who got visa stamping there early last year. If you have H1B from an American Company, rather than desi consulting , you might be fine even going for stamping in India.
H1b approval states that form I-824 needs to be filed for the government to notify the consulate and port of entry. The lawyer says that the government automatically informs all the embassies of H1b approved cases, and nothing needs to be done from our side. Then, what is this I-824 form, and who should file it, where? To whom this form applies? Appreciate your reply. Thanks.
Honestly, I do not know any of my friends filing this. I do not know much about this form… I am not an attorney and cannot advise on this.
Read this for full details: USCIS I- 824 form
Dear Mr. Kumar,
I have extended my H1b and recaptured those days that I spent outside the US. My H1b has been already approved until February 2011. I am traveling to Australia in September and I don’t know whether it would be better to have the visa stamp on my passport there during my visit (aprox 2 weeks), or if I should go to Canada or Bahamas before that. I am originally from Spain, but I was not planning to go to Madrid unless it is really necessary.
What would you recommend?
Thanks in advance
Well, I assume your visa is expired on passport and you need stamping for re-entry to US. I do not think it makes much difference going for stamping in Australia vs Bahamas or Canada. The simple reason is, if it is not your home country, it is probably the same thing wherever you go for stamping. If you can fit in your schedule in Australia to get visa stamped, it would be good idea. Just so that you know, as you are attend visa stamping in other country(not your home country), you have to prepared with few things as backup options, not to be pessimistic, like if at all you have to stay in Aus sometimes they take more time to process as consulates ask for more info, so just be prepared. If you plan to do visa stamping in Australia, I would schedule something very early in your trip so that you if the consulate takes time, still you will be on time for your return. Few things to consider are, as Australia is far, you need to have a way to communicate with your employer (if needed). Not trying to confuse or scare you, just telling you the possibilities so that you are prepared ahead of time.
Hello Kumar,
MY situation is right now i have my H1B approved and my employment begins from Oct 1st only. i’m planning to go Canada to stamp my 1st H1B. i did my undergraduate from US university. Right now i am working as OPT. i am planning to go Canada 2 months after my work starts, that is Dec 1st week. do we need visa to go to canada? how do we apply? please help me out.
Yes, you need visa. Check the Canadian consulate website that is close to your location in US or call them for details. You may have to go to the Canadian embassy in US for your visa.
Dear Mr. Kumar
My son now in the U.S. is waiting for his H1B approval.
1. Once he gets it, ideally when he should travel for H1B stamping? He plans to travel during xmas time. OK?
2. I am an Indian expat in Indonesia and my son did almost all his schooling in Indonesia. His Indian passport has also been renewed here only. It should be OK for him to obtain his visa stamping in Indonesia, right, though holding an Indian Passport?
3. Sorry to ask you one more question. What documents he should normally carry from the U.S. for visa stamping as also re-entry into the U.S.?
Thanks very much
1. I think thats a good time to travel because market is slow in December here and he can get vacation too. It is just preference and getting vacation from employer.
2. I think so… because, logically speaking, as all his education is from Indonesia, the best way for consulate to verify his credentials would be in Indonesia.
3. Check this article: List of documents for H1B visa stamping Personally, I would check the consulate website that your son will plan on visa stamping for any specific documents. For re-entry, just carry same list as he takes for visa stamping.
I’m glad that we can look up to you for these nitty gritty details. Thank you Mr. Kumar for these clarifications.
Welcome !