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First H1/H4 Visa Stamping from Canada

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  • First H1/H4 Visa Stamping from Canada

    My spouse and I are Canadian landed immigrants with PR cards. We entered US from Canada ~year ago and both myself and my spouse did not get any I-94 or visa stamping at the Sarnia border. We all know that is annoying and rare but it happened. :\

    I changed my employer just 2 weeks ago and quite surprisingly, I got I-797 approval notice today. There is a pending I-539 for my spouse from my previous employer. The attorney for my current company was still working on details as to how they will file I-539 for my spouse since there is no I-94 or proof of legal entry to U.S. So, now that I have received I-797 approval notice already, I want to ask you guys:

    1. What will happen when I leave U.S.? Since I have a new I-94 (valid for 3 more years) but my spouse does not? Will my spouse have any problems leaving the country?

    2. Should I have the attorney file I-539 for my spouse and wait for its approval?

    3. What US consulate in Canada should I go to obtain H1/H4 visa stamping? I checked the next available dates and Ottowa has availability starting from Jan. 5, 2004 and Toronto is starting from Jan. 13, 2004. Is there any US consulate in Canada preferred over the other?

    4. Other than carrying the necessary documents (I-797, paystubs, PP Copies, employment verification letter, Marriage Certificate, Birth Certificates, Tax papers, Rental lease agreement, and bank statements), do I need to do anything while in the U.S. or should I do anything to make my case faster and smoother while in the U.S.?

    I know these are a lot of questions and you are a busy person but PLEASE help me even if you can answer part of a question. I appreciate it. God Bless You!!!