H1 rejected, H4 stamping @ Canada(Urgent)

[newbie27]

Hi all,

I am in need of your answers & suggestions. I am going through a tough time regarding my visa. I request, attorney's, senior members,experienced people plz look into my case & reply ASAP.

I was on H4 in US till Dec 1st 2010. Had got COS to H1 on Dec 1st but due to some problem, I was back on H4 from Dec 3rd. I had got a project in hand. But as I was back on H4, I could not start working & based on my employers suggestion I came to Canada for H1 stamping after giving lots of thoughts, so that if I get H1 stamped I can reenter US with H1 & start working.

I was given 221g letter saying refusal to process my visa at Ottawa embassy not even looking into any documents, they asked me to go to home country. As it was my first H1, they dint look into my case. I had all genuine, valid documents. The officer dint mark anything on my passport, & they gave back my passport & H1(I-797).
1) Is my H1 approval still valid? or would they have revoked it?

Now my problem is, my old H4 stamping & I-94 has expired in my passport. But I have my new H4 approval. I want to try for H4 & reenter US.
2)Is it safe to try at Canada for H4 considering my H1 refusal & also my husband is not accompanying me? or I need to consider going to Inida for H4?
3)My husband is working in US & he doesnot have H1 stamp in his passport for the new approval. under such condition can I go with his approval copy? or is it necessary that he should also be stamped?
4) My husband recently got into full time, hence he is not getting leaves. Will I face problem at Canada consulate if I try for H4 alone?

Presently I am in Canada still confused what to do ?!:-( Hence I require your precious answers.

[shervin143]

1) Is my H1 approval still valid? or would they have revoked it?
>>> The approval is still valid. Like the VO mentioned, go back to your home country and get the H1B stamped there. First time H1B stamping need tobe done at the home country unless you have done your studies in U.S. If you have asked this question in the forum prior to your travel, you will not be in this mess now.

2)Is it safe to try at Canada for H4 considering my H1 refusal & also my husband is not accompanying me? or I need to consider going to Inida for H4?
>>> You can try. If that gets refused, you will need to travel to your home country.

3)My husband is working in US & he doesnot have H1 stamp in his passport for the new approval. under such condition can I go with his approval copy? or is it necessary that he should also be stamped?
>>> He doesn't need to have a valid visa for you to get the stamping. His valid H1B petition is required. The Original H1B approval notice of your spouse is required for H4 stamping.
https://www.immihelp.com/h4-visa-stamping-documents/

4) My husband recently got into full time, hence he is not getting leaves. Will I face problem at Canada consulate if I try for H4 alone?
>>> Going alone for stamping is never an issue. Whether will you have any other issues in H4 stamping, well, no one can predict.

[txh1b]

You can also try at the border post to enter based on the valid I-94 that you have for H4. Some people have been allowed in on the basis of contiguous territory rule. This really depends on the IO that screens you. But that rule does not apply if you have been refused a visa (for same class) but since your class of refusal was for H1 and your I-94 is for H4, worth a try. If they do not allow at the border, you have to apply for the visa and if it gets denied, fly to home country.

Google and read about 22 CRF Section 42.112(d).

[newbie27]

Thank you for the replies.
option 22 CFR Section 42.112(d) is something I was not aware of. But seems like its purely luck. Seeing things happing with me regarding visa, I am running out of luck!

My main concern is to get back to US on H4 ASAP. Its very important for me to be back to US bcoz of family reasons.

Actually, just got to know from other forums that, a Pakistani & a Japanese passport holders were asked to go to home country for H4 stamping with their spouse. This happened few days back @ ottawa embassy. And these 2 ladies had gone without principle applicant(spouse) & just with spouse's approval. VO's explanation was that principle applicant should also get stamped. They are given 221g suspension letter.

So this has left me anxious about what I need to do. I have Indian passport. I am still at Canada.

1) If I try here in Canada, & if I am also given the same explanation with 221g suspension, will this have negative impact when I go & try H4 at India? (I have already 221g refusal for H1 from Ottawa)

2) Does these 221g letters reflect in our profile which is saved in USCIS database?

3) Also today I realized that when I left US to Canada with Canadian visitor visa (flight itinerary:SFO-chicago-ottawa), no where airlines people took my I-94(H4) which is in my passport & which is expired. Is this a problem? They dint ask the new I-94 either whc was in new approval(H4) too. I had read that its important to give I-94 back while departing. Now what I need to do if I have to submit it?

I request attorneys to plz look into my case in this thread & give me guidance & advice. I am seriously in need of help and dependent on this forum.

[shervin143]

1) If I try here in Canada, & if I am also given the same explanation with 221g suspension, will this have negative impact when I go & try H4 at India? (I have already 221g refusal for H1 from Ottawa)
>>> No.

2) Does these 221g letters reflect in our profile which is saved in USCIS database?
>>> Yes. 221g is considered visa refusal unless the 221g is cleared later.

3) Also today I realized that when I left US to Canada with Canadian visitor visa (flight itinerary:SFO-chicago-ottawa), no where airlines people took my I-94(H4) which is in my passport & which is expired. Is this a problem? They dint ask the new I-94 either whc was in new approval(H4) too. I had read that its important to give I-94 back while departing. Now what I need to do if I have to submit it?
>>> You will have to return all the I-94 that you have before you leave the country. Follow the below link to return your I-94's.
https://www.immihelp.com/returning-u...4-form-to-cbp/

[nvssandeep]

Newbie, Can you please tell why VO asked you to go to home country for visa stamping? Did you study in US ?

Can anyone tell if it is Safe to go to Canada(Ottawa) for first time H1B stamping rather than to India?I did my masters in US and got my H1B in 2009.

[shervin143]

The answer is already there in this same thread. Scroll down and read the entire thread.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

Can anyone tell if it is Safe to go to Canada(Ottawa) for first time H1B stamping rather than to India?I did my masters in US and got my H1B in 2009.

[newbie27]

Thanks for the replies.

@ nvssandeep,

No my education is from India & it was first stamping H4 to H1. So may be thats the reason.
U having done MS in US & working from 2009, u have better chance to get H1 stamped. Anyway this is just my view. Seems its all Luck upon anything.