H1 visa stamping in Canada...Dilema!!

[sunnyhouse]

Hi,

I got my H1B I-797 approval in July 2011 (from F1 visa) with an effective H1 date of 1st October, 2011. I visited India in Dec 2011 and when i interviewed for my H1 visa stamping at the US Consulate in Calcutta, my H1 B visa was denied (E-V-V-C Model).
Then I applied for an H4 visa in Jan 2012 and it was approved. I flew back to the US in Jan 2012 itself and my employer (consultant) re-applied for H1 B and i got the new approved H1 B (I-797) in March 2012 and have been working since then (New H-1 petition filed in E-C Model but now working on E-V-C model)

What are the complications involved in my scenario? (New H1 filed in E-C Model and now working on E-V-C Model)
Now for this time..to be more careful, I am planning to get my H1 B visa stamped in Canada in Jan 2013.
Please advice if my chances of getting my H1B visa stamping in Canada would be better then getting it stamped in India?

Thank You.

[sunnyhouse]

H1 visa stamping in Canada...Dilema!!

Can anyone please help ?? Shervin..any inputs !!!

[kabkaba]

Hi,

I got my H1B I-797 approval in July 2011 (from F1 visa) with an effective H1 date of 1st October, 2011. I visited India in Dec 2011 and when i interviewed for my H1 visa stamping at the US Consulate in Calcutta, my H1 B visa was denied (E-V-V-C Model).
Then I applied for an H4 visa in Jan 2012 and it was approved. I flew back to the US in Jan 2012 itself and my employer (consultant) re-applied for H1 B and i got the new approved H1 B (I-797) in March 2012 and have been working since then (New H-1 petition filed in E-C Model but now working on E-V-C model)

What are the complications involved in my scenario? (New H1 filed in E-C Model and now working on E-V-C Model)
Now for this time..to be more careful, I am planning to get my H1 B visa stamped in Canada in Jan 2013.
Please advice if my chances of getting my H1B visa stamping in Canada would be better then getting it stamped in India?

Thank You.

From what I have read here, consulates all over the world are very well aware of the issues involved with employee-employer relationship in H1 applications. You can try your luck in Canada, but remember that if denied you will not be able to return to US in H1 status, you may need to travel to home country directly from Canada and apply for the Visa there.

[sunnyhouse]

Thank You Kabkaba..

What I wanted to know is that..this will be still counted as my first time stamping in Canada..so can I go to Canada or first time stamping is to be done in ones home country?

Secondly, I will be able to prove my employer-employee relationship in the visa interview..with as many documents as they need to verify and examine (everything will be genuine & appropriate). What I wanted to know is that will the VO let me get to that stage, where I can prove the above, after looking at the initial H1B filing criteria (E-C and now E-V-C) or will just reject me outright?

Thanks once again.

[kabkaba]

Thank You Kabkaba..

What I wanted to know is that..this will be still counted as my first time stamping in Canada..so can I go to Canada or first time stamping is to be done in ones home country?
-- There is no hard and fast rule about this. Since this is the first time you are applying for H1 Visa, it may be difficult for the consulate to evaluate your foreign degree.

Secondly, I will be able to prove my employer-employee relationship in the visa interview..with as many documents as they need to verify and examine (everything will be genuine & appropriate). What I wanted to know is that will the VO let me get to that stage, where I can prove the above, after looking at the initial H1B filing criteria (E-C and now E-V-C) or will just reject me outright?
-- They don't outright reject it. Generally they will ask for more documentation. But nobody can predict.


Thanks once again.

See above.

[sunnyhouse]

Thanks kabkaba,

A couple of last questions..regarding first time stamping in Canada..

As you stated in your reply: 'It will be difficult for them to evaluate my foreign degree'. Even though I have done my MBA in United States?

Secondly, Is there anyway we can know, beforehand, whether my visa application will be accepted at the US Consulate in Canada? (i.e. while I am in US)

Thanks once again.

[kabkaba]

Thanks kabkaba,

A couple of last questions..regarding first time stamping in Canada..

As you stated in your reply: 'It will be difficult for them to evaluate my foreign degree'. Even though I have done my MBA in United States?
-- Then that does not apply.
Secondly, Is there anyway we can know, beforehand, whether my visa application will be accepted at the US Consulate in Canada? (i.e. while I am in US)
-- No.
Thanks once again.

See above.