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H1 visa stamping: overstay & Canada vs. India

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  • H1 visa stamping: overstay & Canada vs. India

    I have a valid I-797 and am working in the US. However, I haven't yet obtained the H1 visa stamp as I haven't traveled outside the country since I changed status from student. I have advanced degrees from a US university.

    I need to go to India soon and am wondering if it is better for me to get an appointment there or in Canada. Is the visa situation any better in India these days or are there arbitrary rejections? Any thoughts on this and the availability of appointments in Canada vs. India are welcome.

    It has also come to my attention that an overstay on any previous visa can disqualify you from getting a visa in Canada. I have never been out of status (in that I transitioned from a valid I-20 as a student to OPT to a valid EAD card/I-797 without any gaps). However, my F1 visa expired long back. Is this a problem?

    Thanks for your inputs.

  • #2
    Expired visa is not at all a problem. In terms of status, you said you were fine.

    Canada vs. India

    I don't have any preference. I would think that if your job is decent and you have been in legal status all along, either should be fine.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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