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First-time H1B visa stamping COS: Canada or Mexico? Home Country ?

With the ever changing H1B visa petition rules, 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.

This article was written in the past and some info may NOT be accurate. Please check the respective websites of US consulates for current information.

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.

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-1B applicants 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

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: 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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785 Comments

  1. Hi,
    I am currently in US on F1 CPT working and my H1b was approved as I-797B(consular processing). I reopened my case(1year no response) to get approval as I-797A(COS), so I am planning to go Canada for stamping. What are the possibilities for approval and if they deny do I need to go for F1 visa stamp since I entered US on F1 visa in 2016 which is 5 year validity and as of now its more than 5 years ? I have a valid I-20 since I am continuing my study.
    Is there any way I can expedite my MTR or reach out to USCIS ?
    H1b approval I-797B – 10/01/2021 to 09/30/2024
    MTR – 02/11/2022- processing till date

    Reply
  2. Hello All, I am currently In Canada on Work permit (close to two years), next two year extension has been filed waiting for decision – meanwhile authroized to work for current canadian employer. I have done Masters degree in USA also I had Job expereince in USA. I had stampings done from India for F1 and B1. now my US company wants to transfer me back to USA from Canada on L1B visa. my spouse will be L2 along with my L1.

    my question is can I apply for First time stamping in Canada at Toronto Consulate? or I need to travel to India?

    – Few things I have noticed on thread is if you have ties to Country you are applying like Work permit/study permit you should be ok.
    – if you have masters degree- education / experience from US Canada consulate accepts fresh stampings.
    – my employer is Canadian company so there is 0 operational ties to India so not sure even travelling back to India how it will help.

    Expert please do share your comments and thoughts. My current appointment is booked at Toronto next month.

    Thanks

    Reply
  3. Hi,

    My spouse who is the primary recently had COS from L1 to H1B. I am currently in US still under L2 extension pending. Since mine will be COS and since I never had an H4 stamped, I may be considered as a fresh H4, is Bahama stamping an option for me?

    I read in the Nassau website:
    “Third country nationals are applicants who do not hold Bahamian or Turks and Caicos Islander nationality.
    Embassy Nassau ONLY accepts interview applications from TCNs for the following visa categories:
    Renewals for petition-based F2, H4, L2, M2, O2, O3, P4, and R2 only when the main applicant is renewing with the family member and the initial adjudication was conducted in main applicant’s home country
    .
    .

    Reply
  4. Hi,
    I’m working in Canada(work permit) and my H1B got approved last year. I have booked my first H1b stamping in Toronto(Dec 2021). Can I go for my first stamping in Toronto or I should go to India. I don’t know the process in Toronto. anyone done it before?

    Reply
    • Hi Prabu,
      I am in the same situation as you. My visa appointment for Oct 4 got cancelled and I have it re-scheduled to Feb next year. Incessantly pinging the scheduling app to find earlier dates. Also planning to apply for an expedited appointment request, since my work is critical to US Nat Govt.
      So hang in there and keep looking at the website for appointments.
      India does not seem conducive now, especially because you have to go on loss of pay, there are no flights to Canada if you want to return. NIE and additional documents requested in India now also seem to make the process less predictable.
      Will keep you updated on my progress.

      Reply
    • Hi did you get your Visa? I am in same situation I do have work permit in Canada, workin for Canadian employer who wants to Transfer to USA office so its L1B inter company transfer.

      mine will be first time stamping. I have done masters degree in USA so I was in US before on F1.

      Please do share your experience as first time stamper.

      Reply
  5. Does anyone have any information applicable to current COVID times, on 1st time H1B visa stamping in Canada or Bahamas? It seems neither has appointment offerings at this time? Any viable information is welcome.

    Reply
  6. I recently got my H1B approved. I live in NY and I am on my F1. My husband is on his B1/B2 visa here with me. I need to get my first H1B stamped from Toronto Canada. My question is, can we get my first H1B and his H4 stamped at the same time from Toronto Canada in one trip?
    Thank you in advance !!
    Shailee

    Reply
  7. Hello,

    I applied H1b outside of U.S. this year and just received the approval notice. The approval notice says consulate location as my home country however I am living/working in a third country. Can I still go to the third country’s consulate rather than the one listed on my approval notice? or do i have to file something like I-824 to request change of the consulate location? Please advise. Thank you so much!

    Reply
    • You can go to any consulate for stamping. It does not matter. Many users have gone stamping in other locations. I do not think you need to do anything. You should always double check with your employer and attorney to confirm.

      Reply
    • Hi,

      Is it safe if I go to Canada(Vancouver location) for my 1st H1B stamping.? or else should I go to my home town location.? Currently, I am in USA. Any suggestion would be helpful.

      Thanks & Regards
      Manoj Kumar

      Reply
    • Hello KelseyLee,

      I am also in the same boat as yours. But i am in US ON F1 but my h1b approved in consular processing with I797B without nay consulate name on it. I got visitor visa for CANADA and i am planning to attend the interview. Will that be any issue? can you share your experience if you already attended the interview in third country’s consulate?

      Thank you

      Reply
  8. Hi all,
    . i have received the confirmation of permanent residency from canada and now i am thinking to go to India for H1b stamping (first time stamoing from F1 to H1B). so can i go to canada directly to get h1 stamping and collect the PR card (both at the same time). or should i go India first to get H1b stamping and then canada to collect my PR card? and also while filling Ds160 , it is asking have i had any other country permanent residency other than birth country. should i fill Yes /no.

    Reply
    • Sandeep,
      You need to check with Canadian embassy, if that is possible…technically, it should be possible, but again I dont know the implications. If you already have it approved and effective, then you should declare it.

      Reply
  9. I wish to go to canada for my first visa stamping. I’m in use for 4 years with masters degree and converted F1 to H1B recently approved 0ct/2018. I also have visiting visa for canada.
    Can someone tell me were to start to go for stamping in canada, Like which embassy..? How to book a slot..?any reference links…any suggestion would be helpful. Thankyou

    Reply
    • Hi, my husband is on H1b full time, got a project in Canada, company applied for work permit, going to get his visa stamping interview in Canada soon, can anyone suggest specific documents he need to carry? What are the chances to get 221g ?
      he did his masters from US but since 2013 didnt went outside US, will this create any problem?
      Thanks and Appreciate your comments.

      Reply
  10. Hi,

    I have been working for the same employer since 4 years. I work at client site (EVC model). I got my current H1b visa stamped in India. I would like to go for visa stamping in Dominican Republic for my H1b extension stamping . anyone had done it before or know of any experiences of your friends ? Any information is appreciated.

    Reply
  11. Hi! My husband has his MS from US, got his H1B last October and needs to go for first time stamping. We have just received our Canada PR and need to visit Canada for PR stamping, but if we travel there, he will have to also get H1B stamping to return for his job here. Is it safe? Or should we plan a trip to Canada, get PR stamped and then directly go to India for H1B stamping before coming back to US?
    Thanks!

    Reply
    • If your husband is a direct employee of his company which is sponsoring H1b, I would recommend going to Ottawa for stamping. I got my first H1b (l1b previously) this year stamped at Ottawa without any issues.
      If you have Canada PR that is a legitimate reason to go there and do stamping as they asked me that question at the entrance of consulate.
      I went to Canada on a visitor visa for stamping.

      Reply
    • Hi Mahima,
      i am in the same situation . i have received the confirmation of permanent residency from canada and now i am thinking to go to India for H1b stamping. so can i go to canada directly to get h1 stamping and collect the PR card (both at the same time). or should i go India first to get H1b stamping and then canada to get PR card? and also while filling Ds160 , it is asking have i had any other country permanent residency other than birth country. should i fill Yes /no.

      Reply
  12. I just went for Visa appointment (Feb 2018) for first time H1b in Ottawa. No Masters, I was on L1B and worked 2 years in US and 8 years of my work experience was in India. Have Bachelors degree.
    Direct Employer-employee relationship no client/vendor involved.
    After scanning photos, passport/i797 and fingerprinting sent to interview booth.

    VO first asked for DS-160,
    VO asked me basic questions like whats your salary, how long where you on L1b, whats your designation, highest degree, if I have masters (said no), approved I797 etc

    VO asked about my previous sightseeing trips to Australia and Canada

    Then VO cancelled my previous L1b/L2 and said you’re Visa is approved and tracking info is in this sheet, and collect passport from courier.

    I am writing this as I have seen in many forums/attroney websites stating that first time H1b should be in home country only and chances of rejection are high. Nowhere in Canada website I found that they dont accept/accept only if Masters in US for first time H1b, I think if you were already employed in US and you were going there for convenience sake it should be fine.
    I got my visa approved in Ottawa in spite of I797 specifying POE as Chennai India. (which was a mistake done by attorney and I was kind of skeptical). They didn’t ask me anything about it.

    Entire process from entering building to exit took 15-20 minutes.

    Few points to remember:
    carry originals of degree etc
    Dont go too early, or late, they will ask you to go and come back if you are too early, so go exactly 15 min before appointment (especially in winter brrr).
    Don’t pull over your taxi/car opposite/in front of the US consulate sussex drive in Ottawa. They watched from inside and told me not to do that and park and get down in some other street as I was blocking traffic by doing that.
    Keep your DS-160, i797, passport, photos, ready for inspection before security check.
    show Proof of status in Canada – Visitor in my case.

    Reply
    • Hi Sam,
      Your L1 and H1 are from same employer? Are you full time on H1?
      My case is like I came to US in 2011 on L1B Visa stamped in India and in 2012 got H1B from different employer, since then I’m with same employer. My H1B has not been stamped yet. I work at client site (EVC model)
      Is it safe to go to Canada and get H1B stamped for the first time?

      Reply
    • Hello Sam – Thanks very much for the detailed information, this was very helpful and I am exactly in the same situation this year (moving from L1B – H1B with the same employer).

      I have a question, what was the lead time to get back your passport(s) after your interview?

      Much appreciated again for sharing your experience and details.

      Look forward to hear from you.

      Cheers!

      Reply
      • Hi Kumar,

        Please drop me an email, i want to share some information about H1B to H4 or H4 to H1B stamping in mexico details.

        Got email from US Consulate at Mexico that H1B & H4 are technically considered as same H visa category. so change of status stamping between those 2 visa’s is possible in mexico

        My Email is sharinginfoashelp@gmail.com

        Reply
    • Hi, I was on F1 last year and got H1b approved in June’16 before completing my masters and with my experience of 8yrs. The F1 was changed to H1 status by Oct’16 and as the employer doesn’t had a project, i changed employer and now i am on job. In the transfer process, i got RFE issue in Feb/Mar’17 asking for client details and latest W2 etc. After submitting the REF response, now i got NOID saying ” your H1b will be denied as u r out to your home country in Jun’16 and was inn on same F1 by sep’16 and the old employer revoked his petition in jan’17. What is that i can do now.

      Reply
    • Anyone had recently went to Bahamas for H4 to H1, not the first time stamping? I had previous F1 and H1 stamped multiple times but now needed H4 to H1.

      Thank you

      Reply
  13. Hi saurabh,
    I was on F1 last year and got H1b approved in general and got Changed my status to H1b from Oct1st’2016. But as there was no project at Employer-A and so he applied for revoke in 3rd week of Oct’17 and got processed in Jan’2017, i transfered to Employer ‘B ‘ for which i recieved reciept no. by Oct 31st and transfer was with regular process. When i made that to PP in Feb’17, In march’17 i recieved RFE to submitt the pay slip for OC’2016 which i do not have. What is that i can do now. But i have payslips from Nov’2016 to till date and have everything what and all are needed. I applied for SSN on oct’22nd and recieved it by Nov 21st. This delay was due to recieving of original I797 from Employer-A. Can i mention this reason for not having paid by employer-A for Oct’16. Please help me. Still i am not graduate and got one subject to do which i am thing to do in this fall’ 2017. Also if get i797 approved without i94, then can i go to canada or Mexico for stamping. Please advise.

    Reply
  14. Hello,

    My case is a bit different. I started out on an F1, then got OPT, then H1-B and throughout this time I have not traveled out of the country. Just recently got my H1-B renewed and I am thinking of traveling to South America and want to get it stamped somewhere nearby. Does this count as a first time stamping or not (since it’s a renewal of the H1 and not a change of visa type etc). Would I then qualify to go to either Bahamas, Mexico and Canada or can I just go to Canada (as is the case for first time stampees)?

    Reply
  15. Hi,

    I came to US on B2( on visa stamp on my passport) and transferred to F1 under associate degree, got OPT, couldn’t find a job, took admission in University for a BA, finished BA got OPT and couldn’t find a job again, took admission in another university for MBA, finished MBA, got OPT got job( FINALLY), applied for h1 , got denied after RFE, again applied to a university that offered CPT and applied for h1, which finally got approved in 2015. I didn’t go back to India for stamping as there was no need. Got another job and changed employers, h1 got transferred successfully to the current employer, got the approval notice along with new 1-94 on Nov 2016. All my degrees are from the US.

    My question is :
    1) Can i go for first time stamping to Canada?
    2) Will my not leaving the US for so long have any effect ( 15 years)
    3) What is needed from my end or employers end in respect to documents?
    4) I will apply for Canadian visitor visa, as i reside in the US, will i have to show all my transcripts or another other documents

    Reply
  16. Hi,

    I was on F2 status and recently applied for change of status to F1 which by gods grace got approved.

    I’ve few concerns on the further steps

    1. Am sure that I need to go to an embassy for my visa stamping whenever am out of USA. In this case, which would be my best bet. Home country or Mexico/Canada and what is the process

    2. If god forbidden, by an change my visa got rejected, then what are my options. Will my F2 visa still be considered to re enter to USA or not. And I’ve 2 cases here, one from my home country and one from Mexico/Canada.

    3. What is he documentation required to attend this visa interview

    4. Will there be any other issues regarding my wife’s visa status(F1 currently).

    Appreciate your quick and fruitful answers.


    Thanks,
    Syed

    Reply
    • SydeImran,
      1. It depends, hard to say…it is recommended to go to your home country.
      2. If your F2 visa is valid and not abandoned, then you can use it re-enter.
      3. You will need to carry all documents related to studying in US and supporting your education, including financial documents. Check consulate website or speak to you school.
      4. It should not have any impact, as both are different.

      Reply
  17. Hi

    I have done my Masters in USA, worked in the same institute on my OPT (1 year) and then offered a full time job with H1B VISA by the same institution. So the change of status F1-H1B happened while i was in USA (in 2015). Would it be safe for me to have the stamping done in Cannada?

    Also, i have undergrad and masters education in Biotech, my US Masters was in Molecular Biology. I heard that people from Biology background need additional security clearance. Considering my background, would it be risky to apply for VISA stamp in Cannada instead of my home country?

    Reply
  18. I’m on L1A and currently in US. My H1 got approved under Consular Processing this year.

    – Can I go to Canada for visa stamping so that my status gets changed ? I checked with my company’s immigration team, as per them, it’s ok to get stamping in Canada (I have all my education in India and m leaving in US since 2011)

    – I want to change the company, Can I ask my next employer to file for amendment as well while transferring the H1.

    Reply
    • PD,

      1. It is not recommended to go to CA for first H-1 stamping when you have not done Masters in US. However, if the attorney has suggested otherwise, then you can follow their advice.

      2. Yes, new employer can apply for cap-exempt petition + COS.

      Reply
    • Hi PD

      How did you manage this situation – did you travel Canada or your home country to get this stamped ? – me almost in the same situation.

      – RT

      Reply
  19. I am working on H1B in USA. but my visa got expired on sep 30 2015. Can I get the visa stamping done in mexico/canada itself. what is the process to get visa stamping in mexico/canada. I am trying this because in India stamping appointment date is available only after 4 months.

    Reply
    • Ajay,

      You are eligible for dropbox facility in India until Sep 30, 2016. So if you drop your documents by that date, no appointment is needed.

      Reply
  20. Can we get h1b renewal stamped in Brazil? I am currently renewing my H1B visa. My current visa Is expiring in the middle of September, when I will be in Brazil for a work related event. Assuming my visa will have arrived by then, my I get my new H1B stamped at the embassy in Rio? I’m Turkish national, had my undergrad education in the USA, going to Brazil for work and will have to come back to USA to continue my work. Thanks in advance.

    Reply
    • roadtorio,

      Different consulates have different policies on TCNs. You should contact US Embassy in Rio and ask them about this.

      Reply
  21. I am on H1B visa , can I book my visa appointment dates in 2 countries for safe side?
    planning to attend Canada first , if they say to go back to home country ,then I want to use the other appointment date in india ( the reason why I am trying like this is now a days visa appointment waiting time is too much like 3 months ,but I have only 3 weeks vacation .can I book in advance like this?

    Reply
    • shyamala,

      You can complete 2 DS-160 forms and take appointment at 2 places. If the first one is successful, you can ignore or cancel the other one. You would lose the fees in this case.

      Reply
  22. First time H1B and H4 visa application from home country/foreign country – URGENT

    Hello all,

    My husband has to apply for H1b visa (cap exempt) soon for the first time. We are now residing in Netherlands for the past 9 months. He did his masters from India and PhD from France. We were in France for 5 years and then relocated to Netherlands.

    The question is … Is it best to apply visa from India? Or from the country of residence (in our case: Netherlands)? The future employer (from US) is suggesting us to apply Visa from India inorder to avoid extra auditing.

    Your advices are much needed. Thank you very much for your time

    Regards,
    Vijetha

    Reply
    • Vijetha,

      I would suggest calling US consulate in Netherlands and check w/ them. Different consulates have different policies on TCNs (Third Country Nationals).

      Reply
    • Vijetha,

      Can you please post the update? I am in the same situation and when emailed to Netherlands US embassy, they said “there might be issues regarding very temporary employment in Netherlands, to then go onto the USA”.

      I am not sure whether he meant short stay in Netherlands an issue or short duration with the current employer an issue.

      Reply
      • Mohan,

        We applied for our Visa from Netherlands US embassy three weeks ago. It is still in admin processing. We are here in Netherlands with long stay Visa (more than three months). So I don’t know what your case is.

        All the best,
        Vijetha

        Reply
  23. H4 to F1 stamping in Mexico
    Hi,
    I am currently on H4 visa. I have completed my one semester and now for spring want to change my visa status to F1 so I can be eligible for assistantship.
    I read on Mexico consulate website that I do not need Mexico visa if my visit is less than 30 days and I have valid US visa ( in my case H4).
    Does anyone recently done F1 stamping from Mexico?
    What precaution I need to take while traveling to Mexico for H4 to F1 stamping?
    Thanks
    Meena

    Reply
  24. Working on B1B2 visa is illegal, however if mr. A get the job and his h1 petition is approved can he work or he have to go back to home country for via stamping?

    Reply
  25. Hi..

    I am yet to book slot for H1B interview. We moved to Canada recently three months ago as Permanent Residents. Can I go to Toronto consulate for stamping? We filed H1B from India, I have never traveled to US before; All my work experience and studies are in India. My attorney said I can go for stamping in Canada as I am a permanent resident here. I do not want to go to India, as I may get stuck up in India with 221G or administrative processing!! Please share your experience/advice.

    Reply
  26. Hi,
    Need urgent input.
    My Wife’s H4 visa interview was conducted in Hong Kong on 17th September. The officer at the counter said Your visa is approved and kept her passport.
    But in the evening she got an email asking for a scanned copy of Marriage Certificate. She was NOT handed any slips in visa interview. but now the status is being shown as Administrative Processing.
    How much time will this processing take. She is supposed to fly coming Friday on 25th September. Even her passport is stuck there now.
    Can you please shed some light on this?

    Thanks & Regards,
    Pratyush

    Reply
    • Pratyush, It is a generic status, when the consulate is working on your case and verifying something. There is no timeline as such for the response…Not to scare you, but it can take few days to months depending on the case complexity. As it is H4, it may not be that long…I suggest you call the consulate or check with them in couple of days, indicating your situation.

      Reply
  27. Hi Guys,
    I am planning to go to stamping in Mid December this year to Mumbai consulate. and after that I plan to Maldives next week. My question is if I get 221G just in case, will the embassy keeps my passport until it gets clear. few of my friends got back their passport and few of them didn’t. One of my friend told me that I can ask embassy to give back to me. Please let me know which one it true or where can i find a definite answer.
    Thank you.

    Reply
  28. Hi,
    I am enrolled in a masters program on H-4 (never worked or studied in USA before) This is my first semester and I got accepted for assistantship. I, therefore, want to get a Change of Status to F-1.
    My school officials have told me that getting a change of status while being in USA will take 8-9 months. And the best option is to go out of USA and enter with a new stamp. Based on this article I understand that Mexico and Canada are not the rt option for me. I am considering Bahamas or India (home country)

    Please share your experiences with stamping at Bahamas or any other details anyone know!!
    I need to make this decision asap.

    Thanks
    Ankita

    Reply
  29. Hi All, I came to US on L2 visa 7 years ago, worked on EAD for a couple of years, my company sponsored H1B as a consular processing and a year later change of status, I have been working on H1B since then. Never went outside US for H1B stamping, recently i took a fulltime job with a large sized global company, thinking of going to India for stamping now, how shud i prepare? has anyone had a similar case?

    Reply
  30. Hi, I got my H1b 2016 picked in lottery and approved now. I am in Canada right now and my company is Indian MNC have offices in Canada and US. I have not been to US so far and this is first time.

    I am hearing people saying that I need to go India to do stamping as I did education there. Should I go to India to get H1b stamping done or Can I do it in Canada itself? Please let me know.

    Reply
      • Arul/AV : Have either of you got it stamped recently? Or got any confirmation on this from your attorneys? My attorney says that it is a risk to go or stamping in Canada.
        FYI : I got a similar case here too. First time H1B with Indian MNC and currently in Canada. However, I am a PR holder and also have worked previously in US for more than 5 years.

        Reply
        • If you are Permanent/Temporary resident of Canada, you are still resident of Canada and you can go for stamping at your country of residence(Canada) or home country. There is no risk involved if you go for stamping in Canada since you are a PR holder.

          Reply
          • Dear Friends,

            During 2012, I was working in Singapore and I went for H1B visa interview at US Embassy, Singapore. They have revoked and sent my petition to USCIS and they told that they cannot process my application since am foreign national. Again my employer filed a new petition with cap excemp quoto and attended my Visa interview at Mumbai. Now I have got my stamping and entering to USA on 1st week of September. So, you guys plan accordingly.

          • Thanks AV for your inputs. Sorry couldn’t reply earlier.
            Have you got any confirmation yet ? I am going for stamping tommorrow as I dont have option to go to India now. Hope I can get it through 🙂

          • Ok, got it approved today. There was no specific question related to current status in Canada and only at before the finger-printing they asked to for the current status and saw my PR card. However, there was another person in front of me from India and she also had first H1 whereas she also was travelling from US for stamping ( i guess from OPT/F1/H4/L1) and she got it approved as well.

      • Hi AV,

        We recently moved to Canada as PRs. Can I go for H1B stamping in Canada. I am not working in Canada as of now, and would be joining my US employer once stamping is done. Fresh H1, never traveled to US before; Did masters in India, and all my work ex is in India.

        Reply
  31. Hi all,
    I came to us on l2 , working for xyz with valid EAD from 2 years. Staying in usa with valid i94 as visa is expired.
    Now my company has sponsored l1b visa blanket petition.
    I wanted to go to canada for stamping. I do have valid canada visa. But no interview slots are available till next 6 months.
    My next option is mexico. Can I travel to mexico with my business visa to get l1b stamped? Please advice .
    My company says mine is l2 to l1 conversion.

    Reply
  32. Hi All,

    I came to the US on H4 in December and my company applied for change of status (L1B Individual) and it got approved in February. I am presently working here in the US. I have one rejection in the L1B Blanket category from India in August 2014. If i travel to India, I will need to go for stamping. Are there any chances of my visa getting rejected ? Are there any other options available ?

    Reply
  33. Hi All,

    I am currently in US persuing masters (1st Semester). Got an opportunity to file H1b on 1st April 2015. I’m going to apply for H1b this year. In case if my application got selected would it be any problem for me to leave the country and come back after H1b stamping. What are the possibilities of Visa approval.

    Thank you

    Reply
  34. Hi Saurabh,

    I am on H1B extension which was recently approved. My wife and daughter are in H4. I got recent extension from the new Employer which I joined in Nov 2014. My Visa Stamping got expired in Month of December with my Wife and Daughter as same. I already was in approved H1B earlier which was approved till July 2016 but never went to stamp / out of USA.

    Now we are thinking to get stamping done. Please suggest where to go? also is it advisable to go with family or alone for Re stamping of H1B? My relatives are in Toronto and in Vancouver. My all education is from India and having 3 years of US experience and 7 years of Indian Experience.

    Please suggest Place to go for stamping and time duration if any implies on the stamping process. Also to note, I am not going to India as of now. so Didn’t want to spend much to go to India only for stamping..

    Regards,
    Vibhu

    Reply
  35. Hi saurabh ,

    I got my H1B ext. in oct 2014 valid till 2017and my wife (H4 ) is going for stamping in india in feb . I also want to get my stamping done but I am not looking for going india at this moment ..can you suggest me any other places(Countries ) where I can get my stamping done ?

    Reply
  36. I attended stamping interview@KL,malaysia..VO issued yellow slip..wait for us to contact you..no interview required..
    He asked no documents needed from your side..

    What went wrong…i don’t know…I’m reading same to same situation happened to who applied and interview by him.

    Even i noticed he gave yellow slip to next applicant next to me…

    Whether anybody got approved after this VO(Bald Head & Left Eye Blind(white puple) gave yellow slips from KL, Malaysia…

    “your application is refused pending the provision of missing documentation”..what is this meaning..

    i provided 797,129 and all offer,client letters..and filled form given at interview..returned only passports to me…
    Status: Administrative Processing..
    May I know what is this means..advice me how to proceed further..
    Kindly help me…

    Reply
  37. My Wife came to US with H4 visa.later she got H1 visa while staying in US itself and started woking and switched to different companies with same employer who initiated visa.we are planning for vaccation trip to india ,is Amendment mandatory to get Visa stamping

    Reply
    • Hi srini,

      I am on H4 visa just like your wife. Could you please help me as to how u managed to get your H1B status for your wife. Ur help is greatly valued.

      Thanks,

      Reply
  38. I am currently on H4
    but got H1 approved with I-797B (this is my first H1B, never worked in US in the past)
    so I need to apply for change of status before I can start work
    Do I need to go out of US for change of status or it can be done by being in US?
    Can I go to Jamaica for stamping (would it be ok for first time H1B?) as going to India is time consuming and also very expensive
    Any set of documents I can take to make my case stronger?

    Reply
    • Hi,
      I got little confused over your status.
      I assume you are already in US while applying your new H1B? If so you would have got your new I94 with your H1B approval that is your I797 petition if not then you need to apply for Change of Status(CoS).

      You don’t need to go out of country as per my experience but if the approval requested to do so then it is as per the I797.

      As you mentioned I797B, you have approval but you need Cos which can be done while you are in USA.

      This is my opinion and experience and legal advice.

      Reply
  39. Saurabh,

    Thanks for posting such details. I’ve a bit complicated case and wish to know what you think:

    1) Came to US on L1B in 2004
    2) COS from L1B to H1B in 2007 and been working in EVC model since
    3) Got H1B stamped in Mexico in 2008
    4) 2 Extensions applied and approved till Sep-2013 (needless to say, I140 approved and I485 applied)
    5) Applied extension prior to Sep-2013, but changed client in Nov-2013
    6) RFE in Jan-2014, responded by Apr-2014 and simultaneously applied for new petition in Apr-2014 for consular processing (all due to client change)
    7) In a period of authorized stay since Sep-2013

    Would I be eligible to apply for visa stamping in Canada, Mexico or Jamaica?

    FYI, I’ve a non-US master’s degree.

    Thanks
    dakau

    Reply
  40. Bhamas US consulate now stopped accepting request for first time visa stamping
    Read
    http://nassau.usembassy.gov/tcn.html

    Reply
  41. Hi Saurabh,
    I have attended H1b interview at Singapore consulate,VO issued 221(g)-pink slip with requesting more documents from employer but VO kept my original experience letters and said that my case will be re-opend once i produce the requested docs,am more worried about my original docs,How do i get it back?it may take some more time for my employer to provide the necessary docs,can i request for my original docs?
    Thanks,
    SCP

    Reply

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