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/
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Hi Saurabh,
I foound a pdf for first time H1 B stamping in Bahamas. I am not sure if they allow first time stamping of H1 in Bahamas for non-immigrant workers.
”
Who Can Apply at the U.S. Embassy in Nassau?
Third Country Nationals seeking
business, tourist, crew or transit visas may apply at Embassy Nassau. However, applicants should be aware that they must apply in person, and that such visas may sometimes take weeks or even months to process. In addition, the Embassy cannot assist Third Country Nationals with Bahamian visa requirements, nor with alternate travel arrangements if their U.S. visa should be delayed or denied.
Third Country National applicants residing in the United States seeking to renew their student, exchange or temporary employment visa may apply if – and only if – their current such visa was issued at a U.S. Embassy or Consulate in their country of citizenship or legal residence. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above.
Note: a renewal is defined as an application for the same type of visa that the applicant already holds; it specifically does not include cases where a prospective applicant held a different classification of visa (or Visa Waiver status), even if a “change of status” to the new classification was authorized by the Department of Homeland Security.
”
Please let me know what does this mean. Can I still go to Bahamas for first time stamping?
Forgot to post the link. You can check the above information:
http://nassau.usembassy.gov/non-immigrant_visas.html
Hi saurabh,
Lets say X goes to canada for stamping of her H1b for the first time (converting from H4)and she/he gets a 221g then can she/he return to US on H4 ?
Aditi,
If the H-4 visa is still valid and the consulate doesn’t keep the passport, then the person can return on H-4 visa.
I am currently in L1 through employer A and I got H1b approved through employer B which is valid from oct 2012. Could you please clarify the following:-
1) Can I continue in L1 with employer A after Oct 1st?.
2) How do I know if my H1b is approved with Change of Status?..
Thanks in advance..
B,
1. If H-1 got approved w/ COS, then you need to start working on H-1 from COS approval date
2. Check your H-1 797. If there is an I-94 attached, then it has been approved w/ COS. COS effective date will also be mentioned in that I-94
You will get an I797A that will obviously have i94 portion
Hi Saurabh,
I enetered US on L1 B in 2009 and quit my company and got my H1B done in 2010. I changed my employer in Sep 2011 and since then I have been working with my new employer. I am planning to travel to India in June 2012 and would have to go for my H1 B stamping in the mumbai consulate.
I work with a company A whose sister compny, company B has sponsored my H1 B. However the client has a contract with company A and there are supporting doucmnets to prove that company A owns company B. Client has agreed to provide me the client letter too but the client letter says thers an agreement between Company A and companies(which includes sister companies?? )
Is it safe to go for H1 stamping now?Has it become any better than last yr? I heard there were some chanegs to teh law that was made last yr about staffing firms. What can I use as suppporting documents to prove employer-employee relationship?
I got H1b approval in 9th May 2012. my J1 visa will expire on 25th May (1 month after date expire). I don’t need visa stamp if i don’ t leave USA as far as i know. If i leave USA i need to apply for visa stamp from my home country. My question is ” should i go back to my country for H1b visa stamp before my current visa expire? and come back? or it does not matter i can do it latter on whenever i want?
please help me by giving me information
Azmir Hossin,
Was your H-1 approved for FY-13? If yes, then it’s start date would be Oct 1. When is your J-1 I-94 expiring? Do you know if H-1 was approved w/ COS?
Hi Saurabh,
Under Exemption. According to my petition my day started from 1st May 2012 and J1 will be expired in 25th May 2012.
I have a question please
Is it ok, if i go to visit my Family in my home country and apply for H1b stamp from local USA Embassy? I have traveled almost allover the world Asia , Europe, Africa many times . I never had any visa problem. Do you have any suggestion?
My Law firm forwarded a document on international traveling. Based on that I have all the relevant documents and supporting to get a visa stamp from my home country Bangladesh.
Thanks you
Azmir Hossin,
If your H-1 was approved w/ COS w/ exemption w/ start date of May 1, then you don’t need to go for stamping immediately. You can delay as long as you want and continue to stay and work in US based on your approved petition.
You can go for visa stamping in your home country. However, there is always a risk associated w/ the stamping and you should never consider the stamping too safe. Have contingency plans when going for stamping.
hi Sourabh:
I got my PhD in US in chemical sciences ( F1 student visa) , then worked as a postdoc (H1B educational institute) and now i am employed in biotech. ( H1B) . I would like to get my visa stamped in my passport. Is canada a good option for me?
Kannan,
As you have done your education in US, you can go to CA for H-1 stamping. However, make contingency plans in case things don’t turn out the way planned.
hey thanks..
also, I have another question. I have a valid H1B . I am planning to go to india and get it stamped. Will i need a transit visa if i go through london
Kannan,
I remember sometime ago transit visa was a must if there was no unexpired visa in the passport. If you have an unexpired visa in the passport, then there is no need to worry. Otherwise you will have to check w/ the airline if an unexpired visa is still the requirement.
Hi Saurabh,
My wife is currently in US on H4 visa, she came to US in Feb 2012 but she received H1B approval in December 2011 through a Desi Consulting firm. But by that time we already booked the appointment date with US embassy and came here on H4. Now she received her approved I797 (H1B) from her employer and we are trying to figure out options to file a change in status without going out of the country. We filled I539 form and sent it to USCIS but it got rejected saying: not the right form. If we try to fill the I539 form electronically we don’t even get an option in the dropdown for H1B (in the new status requested).
1. Do we actually need to fill I539 in this case (change of status from H4 to H1) or her Employer need to file a fresh I129(without cap, since the H1B is already approved)?
2. Do you think changing employer is a good idea, she is getting calls from other desi firms who are charging $1200 to transfer her H1B in premium (but we don’t have any pay stubs since she never started working for the existing firm)?
3. Since I have a work permit of canada and she has dependent visa for Canada..Do you think going to Canada and getting the H1B stamped is a better idea. She did not went to school in US and she never worked here before.
Thanks a lot in Advance.
Vikas,
1. I-539 is the correct form for COS. Check w/ your employer’s attorney if some other form needs to be used. Maybe H-1 amendment
2. Payslips are not required as she has not been on H-1 status yet. So another employer can file cap-exempt petition along w/ COS, and she can start working for them from COS approval date. Also, if the employers are asking her to pay PP fees, then that’s legal
3. I would suggest against it.
You and her first need to decide whether you want to stay w/ current employer or not. Once you have done that, the new/same employer can file cap-exempt petition w/ COS for her.
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