Getting H1b Visa at diffenent Consulate


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jayaram   
Member since: Jun 04
Posts: 298
Location: Calgary

Post ID: #PID Posted on: 18-12-04 20:09:26

Hello,

I would like know if anbody got H1B visa at diffenent conuslate other than mentioned on the I 797 paper? Please let me know as I am in a difficult situation as I need to migrate to canada and I am not getting interveiew dates before going . My H1b is for Sydney , Can i take Visa from Totonto if become residient of Canada?

Thanks
jay



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 19-12-04 10:09:55

Jay --

Quote:
Orginally posted by jayaram
I would like know if anbody got H1B visa at diffenent conuslate other than mentioned on the I 797 paper? Please let me know as I am in a difficult situation as I need to migrate to canada and I am not getting interveiew dates before going . My H1b is for Sydney , Can i take Visa from Totonto if become residient of Canada?

There are two issues here -
1. Whether you can apply for an H-1B visa at a different consulate than the one mentioned in the I-797 approval.
The answer is yes - it does not make any difference.
I have done this more than once.
The consulate mentioned there is simply an indication to DoJ that INS will be sending some pre-information to the consulate mentioned there.
You can technically apply in any consulate in the world.

2. The second issue is actually getting the H-1B visa.
Usually, you should apply in your home country because it is an NIV visa and it is easier to prove ties to home country, rather than a new country.
However, because H-1B is a dual-intent visa, this is not as true as other NIV visas.
So, yes, you can apply in Canada.

However, be prepared that they may tell you to go back to India and apply from there if your educational credentials are not from US/Canada.

The two most important factors in getting an H-1B visa stamp are the genuiness of the sponsoring company and your educational credentials.

Hope this helps some.


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