Legal Question in Immigration Law in California

getting H1B stamped

Hi, I am a citizen on India and I came to USA on F1 student visa in the August 2000 and after finishing my studies have joined a job and now am on H1B working visa status.Do I have to go back to India to get my visa stamped ? Being a citizen on India can I go to the US Consulate General office at Vancouver Canada to have my H1B visa stamped on my passport ?My company wants me to go to Japan for some work and I won't have time to get my visa stamped there and would need the visa to enter back into USA.

thanks in advance

SN


Asked on 10/07/03, 1:36 am

4 Answers from Attorneys

Myron Morales Lee Lane Smith LLP

Re: getting H1B stamped

Normally, you can make an appointment at a U.S. Consulate in Canada or Mexico. Be sure to advise them that you are doing this at their consulate so that you can save time and be able to obtain a Japanese visa.

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Answered on 10/09/03, 11:59 am
Gabriel Jack Muston & Jack P.C.

Re: getting H1B stamped

it is a risk. If you happen to be denied the visa at the vancouver consulate, you will not be afforded re-entry into the United States until you go to India for the stamping interview.

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Answered on 10/07/03, 5:30 am
Amy Ghosh Law Offices of Amy Ghosh

Re: getting H1B stamped

It is always a risk to go outside to get it stamped. Yes..going to Ciudad Juarez Mexico...or going to canada to get it stamped is fine.

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Answered on 10/07/03, 10:58 am
Linda Allen Law Offices of LInda M Allen

Re: getting H1B stamped

Thank you for your email. You may process in Canada as a third country national. It will be necessary to schedule an appt. to ensure that you obtain your stamp in a timely manner. Please note that selected consulates process third country nationals. Also, please know that your application will be more closely scrutinized as you are not Canadian. If the visa is not issued you will need to travel to your home country to obtain your stamp before being allowed to re-enter the U.S. You may wish to go to http://www.amcits.com/vancouver.asp to check on the procedures.

If you or your employer (HR adminstrator) have further questions, please feel free to contact me directly at 619.233.0900.

Sincerely,

Sincerely,

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Answered on 10/07/03, 12:44 pm


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