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H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada.

19 comments

As you know, you can go to Canada or Mexico for H1B visa stamping, on the same lines,  recently a very good friend of mine got his H1B visa stamped in Canada. He is kind enough to take time and write his experience. It took him 19 days H1B visa stamping in Toronto Canada 2010for the whole process to complete. The consulate office asked him to send him various documents 3 times. It is good to know some of the process involved and why he had to wait for 19 days in Canada.  This is in no means scare anyone to go to H1B visa stamping for Canada, but just to let you all be prepared. Hopefully it helps you be prepared for your H1B visa stamping.  Thanks a lot to my friend for taking time to write and share his visa stamping experience with our readers.  We really appreciate his time and effort.

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‘I’ or ‘my’ refers to my friend and ‘VO’ refers to Visa officer.

Details of my H1B visa Interview experience in Canada 2010:

I attended my visa interview on March 15th in Toronto, Canada. VO did not ask any docs. She just asked   about my company and my job responsibilities. Then, she gave me 221g yellow form with administrative review checked. On the day of my interview, VO had taken my original I797, I129 petition and LCA

On March 17th, I got an email from consulate asking me to submit the below docs. I had submitted all docs as per their request on Thursday  (personally)

1) Petitioner’s Income Tax Return for the last three tax years and unemployment wage reports.

2) A notarized list of all the petitioner’s employees of the job site listed. The list should show all employee’s names, their specific job titles, start and end dates, their individual salaries and immigration status.

3) My pay stubs

4) My Academic certificates.

After 4 days, I got another mail from consulate asking additional docs, I emailed them on the same day.

1) Client Letter

2) Contract between company (Petitioner) and Vendor.

3) Contract between Vendor and Client.

After another 4 days I got a mail from consulate asking me to submit the below docs.

1) Proof of payment between Company and Vendor.

2) Proof of payment between Vendor and Client.

5 days after submitting all the required documents, I got an email saying that they asked me to come down and drop the passport for stamping. I submitted the passport at the counter in consulate and I collected the passport after a day with H1B visa stamp on it.

The whole process took 19 days. Make sure to provide all the documentation they asked for.

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You may also read H1B Visa Extension Interview Questions and Port of Entry (POE) Questions by CBP. Complete Visa experience of 2010.


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{ 19 comments… read them below or add one }

Vidhi May 1, 2012 at 7:26 am

Hi saurabh

Please can you explain me how it is is tough for EVC model employees…like wht type of documents i shall prepare in order to go fully prepared for stamping

Thank you

Reply

Saurabh May 1, 2012 at 11:05 am

Vidhi,
Primarily on 2 fronts:
- Having contracts b/w all the entities. So you may be asked to present contract b/w EV and VC. Not everyone is willing to share the contract which has financial details nd other terms (why would vendor like to share the contract which states that they are getting paid $100 per hour but only paying your employer $70).
- Employer-employee relationship. As per this memo, the employer needs to have control over employee’s tasks and activities at the client site. In EC model, employer can place an on-site manager and they can administer your tasks and activities. In EVC model, the client doesn’t know about the employer as they are in touch w/ vendor and so it becomes difficult to show this arrangement.

Reply

vidhi April 30, 2012 at 2:53 pm

Hello Saurabh,
I am planning to go for my first H1 stamping to Ottawa, CANADA in June 2012. I am on EVC model with SOW. I have done my masters in US. Is there any possibility of successful stamping in canada. I am really scared to take this decison whether I should go to Canada or not.
Please advice me what shall I do in regards to above matter .

Thank you

Reply

Saurabh May 1, 2012 at 1:07 am

Vidhi,
It is not possible to say whether it will get approved or not. Typically EVC model employees have a tougher route.

Reply

MMA February 13, 2012 at 3:08 pm

Dear Saurabh:
I am currently on H1b status, approved as of October 1, 2011. I have lost my H1B approval notice, I797. What should I do now? Please advise.

Reply

Saurabh February 13, 2012 at 3:49 pm

MMA,
Your employer will have to request a duplicate from USCIS. I don’t remember the exact form, but I think its I-824.

Reply

Seema February 10, 2012 at 10:16 am

Hi,

I entered US on L1 visa and transferred L1 to h1 . My H1 was approved in Jan 2011.Later on in Sep 2011, I applied for an H1 transfer which was approved in Dec 2011. I plan to visit India now. M concerned about my H1 stamping though. Can I go to Canada for stamping or only MS students can?am a lil confused about this.Please suggest

Regards
Seema

Reply

Saurabh February 10, 2012 at 11:05 am

Seema,
If one hasn’t done Masters in US and is going for 1st H-1 stamping, then it is highly recommended to go to the home country. You can still try CA, but have contingency plans as you may be issued 221g or may be refused the interview/visa. Chances of success will depend upon your specific case. Are you working for a consulting company?

Reply

Seema February 10, 2012 at 11:11 am

Hi Saurabh,

Yes I work for a consultancy. I do have all the required documents including the client letter.am just confused about where should I go. I understand its a risk either way.

Reply

Saurabh February 10, 2012 at 2:19 pm

Seema,
Is there a vendor in b/w? Also, do you documents and information to explain employer-employee relationship?

Reply

seema September 20, 2012 at 3:10 pm

HI Saurabh,

I work for a staffing firm. this firm is owned by another company which has a signed contract with the client. so am not sure if this really a EVC model. My company is basically owned by this other company who has a direct client that i work for.
I really need to get my stamping done soon. what do you suggest?

Reply

RXD December 28, 2011 at 1:09 pm

Hello Kumar:
I am planning to apply for the visa stamp in 2012, currently on my first H1b. I have a few questions:
1. Is there a list of documents that the consulate or VO may request, so I can get them ready prior to my travel to Canada? It may be a problem to have my office prepare documents without my presence.
2. Did you use a lawyer for the whole process?

Thanks in advance.

Reply

Saurabh December 30, 2011 at 1:10 am

You can read this H-1 document checklist

Reply

Shashiraj October 19, 2010 at 11:50 am

Thank you for all the information.
What do you mean by Vendor, Client?

Reply

Kumar October 19, 2010 at 12:07 pm
Shashiraj October 20, 2010 at 1:42 pm

Kumar,
In my case, its just the employer. Thanks for the clarification though.
I have scheduled an appointment for H1B stamping at US Consulate in Toronto, Canada on Dec. 6, 2010.

Thanks.

- shashi…

Reply

Kumar October 22, 2010 at 1:45 am

Good Luck Shashi !

Reply

Shova May 12, 2010 at 4:33 pm

Was this your first-time H1B stamping or an extension?

Reply

Kumar May 12, 2010 at 4:42 pm

In fact, this was for Extension. My friend came to US on H1B visa and he went to Canada for Extension.

Reply

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