Getting your H1B Visa Stamped in Canada

[yodheydhara]

Hi Everyone,
I am a Canadian PR holder and I am currently in the United States, working on H1B visa. I am going to move to Canada in next two months time. My employer has agreed to allow me to work remotely from Canada, but I may have to travel periodically. I have a valid I797 petition but since it was just extended in June 2017, once I step out of the US, I need to get my visa stamping done before entering the US again.

I understand that we can get the stamping for H1B done at a US Consulate/Embassy in Canada itself? I want to understand if there are any risks involved in this? From what I have heard, if it is rejected, then I will need to go to my home country and get the stamping done in order to enter the US.

What are the chances of any issues happening with Stamping in Canada?

Appreciate all your inputs guys!

 

[dora115]

Hi Everyone,
I am a Canadian PR holder and I am currently in the United States, working on H1B visa. I am going to move to Canada in next two months time. My employer has agreed to allow me to work remotely from Canada, but I may have to travel periodically. I have a valid I797 petition but since it was just extended in June 2017, once I step out of the US, I need to get my visa stamping done before entering the US again.

I understand that we can get the stamping for H1B done at a US Consulate/Embassy in Canada itself? I want to understand if there are any risks involved in this? From what I have heard, if it is rejected, then I will need to go to my home country and get the stamping done in order to enter the US.

What are the chances of any issues happening with Stamping in Canada?

Appreciate all your inputs guys!

You don't need to get Visa stamped if you are staying for less than 30 days in Canada, you can travel with you i-797 and passport.

 

[DEEPCUR]

You don't need to get Visa stamped if you are staying for less than 30 days in Canada, you can travel with you i-797 and passport.

OP is moving permanently and requires visa for revisiting US periodically.

@OP, doesn't matter where you stamp. If a consular wants to verify your employment (with client if applicable), they'll initiate request irrespective of consulate. That's the only possibility in H1 stamping. If you have legit employment, that's nothing to worry about.

But having said that, if your visa expiry is within one year, you could use drop box facility in your home country. One of the condition for drop box is that previous stamping has to be from home country. You'll lose that privilege if you get stamped in Canada.

 

[sps2can]

There is nothing to fear if u have been maintaining you status in US. At max they can put you in admin processing which can take 1-3 months, and since you have PR and you can wait as long as they hold you up.. And why do you fear it will get rejected? You shud take all your documents with you since your first day in US, like i120, all i797, paystubs, all w2, employer letters, latest H1B filing copy etc ..usual stuff, they can not deny if you have been maintaining your status.
Also dropbox is no longer a good option, as almost everyone gets a notice to appear for interview. Atleast that was the scene 3-5 months back; havent kept a tab on it after that.
Plus you can work for US employer from outside US while ur visa is in processing/admin or i guess rejected too. H1B visa is to work for employer while on US soil.

 

[yodheydhara]

You don't need to get Visa stamped if you are staying for less than 30 days in Canada, you can travel with you i-797 and passport.

Not sure if that will be the case with me. But this is great information! So if I understand your point correctly, if I happen to stay for less that 30 days, can I travel back to US just on the I797 and passport?

 

[yodheydhara]

OP is moving permanently and requires visa for revisiting US periodically.

@OP, doesn't matter where you stamp. If a consular wants to verify your employment (with client if applicable), they'll initiate request irrespective of consulate. That's the only possibility in H1 stamping. If you have legit employment, that's nothing to worry about.

But having said that, if your visa expiry is within one year, you could use drop box facility in your home country. One of the condition for drop box is that previous stamping has to be from home country. You'll lose that privilege if you get stamped in Canada.

Thanks DEEPCUR! I dont think I might go back to my home country, but my employment and all the visa documents are legit. So based on your inputs I am quite relieved that getting the visa stamped Canada may not be a big deal afterall!

 

[yodheydhara]

There is nothing to fear if u have been maintaining you status in US. At max they can put you in admin processing which can take 1-3 months, and since you have PR and you can wait as long as they hold you up.. And why do you fear it will get rejected? You shud take all your documents with you since your first day in US, like i120, all i797, paystubs, all w2, employer letters, latest H1B filing copy etc ..usual stuff, they can not deny if you have been maintaining your status.
Also dropbox is no longer a good option, as almost everyone gets a notice to appear for interview. Atleast that was the scene 3-5 months back; havent kept a tab on it after that.
Plus you can work for US employer from outside US while ur visa is in processing/admin or i guess rejected too. H1B visa is to work for employer while on US soil.

Thanks sps2can! Yes I have been maintaining my status is US and I have all the documentation needed. My petitions and job are all legit. My only concern was that I had heard from friends here that people will travel across to Canada or Mexico depending on which part of US they are in, solely for the purpose of getting the visa stamping and come back. Lately there were some cases where these ppl were asked to go back to their home countries to get it stamped. But since I have the PR, my advantage is that I dont have to go back and can probably apply again after 6 months..

 

[sps2can]

Not sure if that will be the case with me. But this is great information! So if I understand your point correctly, if I happen to stay for less that 30 days, can I travel back to US just on the I797 and passport?

I do not think this is correct information. You need a valid visa on your PP to enter back. Your visa stamped on PP expired in June 2017, so for sure you have to go for consular processing with your new i797 in hand once you are out of US.

 

[yodheydhara]

I do not think this is correct information. You need a valid visa on your PP to enter back. Your visa stamped on PP expired in June 2017, so for sure you have to go for consular processing with your new i797 in hand once you are out of US.

That is what my prior understanding was too. Anyways, its better to go for stamping than to take a risk!

 

[dora115]

Not sure if that will be the case with me. But this is great information! So if I understand your point correctly, if I happen to stay for less that 30 days, can I travel back to US just on the I797 and passport?

Check this thread http://www.canadavisa.com/canada-immigration-discussion-board/threads/usa-to-canada-for-first-time-landing-valid-i797-no-stamp.366160/

 

[sps2can]

Check this thread http://www.canadavisa.com/canada-immigration-discussion-board/threads/usa-to-canada-for-first-time-landing-valid-i797-no-stamp.366160/

Sorry this is wrong. Only time you can use a new i797 from a new employer at entry is when u have a H1B stamped on you passport that has not expired yet, which can be from previous employer. Still the limiting factor is a Visa stamped on the passport which has still not expired. I speak from reference to countries like India, which require a Visa for USA. Maybe someone from visa exempt country like UK may be allowed. Still refer to USCIS OR GOV website. Do not rely on a forum for legal advise.


Edit: you may be right. I am reading similar things on Murthy law. Maybe you can do this.. but confirm if the rule is still valid before you venture out.
https://www.murthy.com/2013/02/11/contiguous-territory-rule-permits-reentry-from-canada-or-mexico/

 

[dora115]

Sorry this is wrong. Only time you can use a new i797 from a new employer at entry is when u have a H1B stamped on you passport that has not expired yet, which can be from previous employer. Still the limiting factor is a Visa stamped on the passport which has still not expired. I speak from reference to countries like India, which require a Visa for USA. Maybe someone from visa exempt country like UK may be allowed. Still refer to USCIS OR GOV website. Do not rely on a forum for legal advise.

Check this link, I have read many places about automatic Visa revalidation, but I haven't tried it. Just for your information , you can find more details about it. https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

 

[sps2can]

Check this link, I have read many places about automatic Visa revalidation, but I haven't tried it. Just for your information , you can find more details about it. https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

Yes. You might be right. I googled it and quickly found this on Murthy law as well. Please see my edit in the previous message.

 

[yodheydhara]

Thank you for your inputs guys!! Appreciate it! I think getting it stamped should not be a big deal afterall..

 

[Miley11]

Thank you for your inputs guys!! Appreciate it! I think getting it stamped should not be a big deal afterall..

Hi,

Did you go for the H1b visa stamping in Canada? I am in a similar situation and would like to hear about your experience.