H1B Visa Stamping-please suggest

[sivajp123]

Hi All,
I came to US on May’06 on H4 visa. My H1B visa was applied in Apr’05 while I was in India and got H1B visa Approval papers. Because of some personal reasons I did not get stamped my H1B in India and I have reached the US on H4 visa. Now I came to know I can not work here(in US) with those H1B approval as it was filed while I was in India. I don’t have the option to file new H1B visa as the quota for the year 2007 is already over.

My questions is that
1. Can I go to Canada to get it stamped on my H1B visa even though it was filed while I was in India?
2. Do I need to go to that particular consulate in India, which was mentioned in my H1B visa papers?
3. Is there any time line to get the stamping after got the H1B approval (because I got approval papers on Oct’05)?
4. Do the consulate people will cancel my H4 visa in case of my H1B visa got rejected?

Greatly appreciate your help. Thanks in Advance.

[suren_g_37]

hello

I dont know about ur rest of questions..
but from my discussion with my attorney (Which i had today) i can tell u that if u dont have stamp on ur Visa , u cannot get it stamped in Canada if u dont have a degree in US. This has happened with me also. I am also in Fix.

More over if u apply for work visa in us and try to get stamped back in India u may be come in trouble. (This is wat i am told by my attorney). More over getting dates is problem in india.

[sivajp123]

Hi Suren,

Thanks for the info.
Yes. you r correct. Dates are not available in India until December.
If u get any updates/options from u r lawyer pls let me know.

All the Best.