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H1B Visa Interview in India

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  • H1B Visa Interview in India

    Hello Friends
    Happy Independence Day!!!
    I am on immihelp website for the first time and here is my concern/query which can be a simple or a challenging one.
    I am an Indian citizen immigrated to Canada 15 years ago and after staying there for two years, moved to USA on L1B Visa and since I could not complete three years of time period in Canada, my Canadian citizenship was denied (I still have permanent residency of Canada as my family got Canadian citizen ship as they stayed in Canada though I moved to USA for work. My family also moved to USA after getting Canadian Citizenship). Since then, my visa status have changed from L1B to L1A and later to E2-derivative (My spouse got E2-Investor's visa). I switched back to H1B visa as I got sponsorship from another company in 2012 (Currently I have H1B visa stamped from this employer which expires on September 2015). In 2013 I changed job and now with another employer and have I-797 approval notice which expires on September 2016.
    In nutshell here is summary of my visas/status ever since I left India:
    2000-2002 Stay in Canada
    2002-2008 - L1B/L1A Visa in USA (This company did not want to sponsor for GC to its employees)
    2009-2012 - E-2 Derivative Visa in USA. Spouse got E-2 Investor's visa as a Canadian Citizen (EAD to work in USA- Worked for two different companies)
    2012-2015 - H1B Visa with Company "A" (Company sponsored for EB-2 GC and I-140 approved- Priority Date Oct 2012)
    2013-2016 - H1B Visa with Company "B" (I-797 approval notice. My current Employer)

    Now my questions/concerns are:
    1) I am planning to visit India in September for almost 3 weeks. My hometown is close to Mumbai. Will it be a problem if I chose to go for an interview to US Consulate in Delhi?
    2) Looking on above information, what could be the challenges during interview? I am concerns if the interviewer ask more and more questions regarding my past, I think he/she will get more and more confused.
    3) Am I looking for a risk to visit India at this time as far as stamping of H1B visa is concerned?

    Just FYI, I do have my I-140 approved with a priority date on 2012 but that is from previous employer. And during all these years I have visited US Consulate in Canada for visa stamps. Only once I had visited Delhi office in 2008
    Any guidance/suggestion is highly appreciated
    Last edited by houstonian2015; 08-15-2015, 01:47 PM. Reason: typo

  • #2
    You seem to have maintained legal status throughout your stay in U.S. So no issues from that end. Since you have a valid I-797, you can apply for H1B visa at any U.S consulate in India. Your case is no way different from anyone who plan to attend a visa interview. Anyone who applies for a visa interview can sometimes get a 221g for additional admin processing. So as a precaution, be prepared if sometime like that happens when you visit India as it can happen to anyone who attends a visa interview. Since you have lived in Canada for a long time (assuming you did your studies there), if you prefer you can get the H1B visa stamped at Canada before you visit India. Do no see any issues with you being in L1B, L1A, E2 and finally H1B now. All that is legally approved by USCIS and so there should not be any issues due to that at the consulate.
    Not a legal advice. Use of this information is strictly at your own risk.