H1B Restamping after changing the employer

[krishna_m_mohan]

Hi ,

Below is my case ,please let me know if i can go for a re-stamping in Canada.

My Initial H1b was approved in OCT 2010 (i got RFE and submited the required documents)and i went for stamping in october and visa was approved for 1 week coz my petition was approved for 1 year. came to us after 1 week of stamping for major MNC in India.

I applied for h1b extension 6 months back and it again got approved for 1 year .1 month back i moved to a different company and got my H1 B approved for 3 years. Could you please let me know in my case can i go to canada and get my stamping done.Please note that my I-94 was expired 6 months back . Let me know the possibilities and risks involved.

Thanks In Advance
Mohan

[shervin143]

Do you currently have a valid I-94 or not? When you filed the transfer to the new employer, did the H1B approval (transfer) come with a new I-94 attached to the H1B approval notice? If not, on what basis are you staying and working in the country without a valid I-94 in hand? If you don't have a valid I-94 and if you are still present in U.S, then you stay is illegal and it can be a big issue. Check the H1B approval notice (I-797) and see if there is an I-94 attached to it. The answer to your question depends on this.

Also check the below link.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

[krishna_m_mohan]

Sorry for the confusion , i sent my I94 and got new I94 for 3 years attached to approval notice (I-797)

[krishna_m_mohan]

Any answers?

[shervin143]

You can go to Canada or Mexico.