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Can I go to Canada for my First H1B stamping on Expired F1 Stamped Visa,My F1 Stamped visa IS Expiring ON 14 /06/2013

New York, NY |

1) Actully i came to USA on student visa on 08/08/2008, My F1b Stamped visa is expiring on 14/July/2013.
2)currently I am on OPT - Extension....I have vaild I-20 & OPT till 2014.
3)My company applied for my H1b this year 20113 march and it got approved.
4)But I am not getting Interview Dates Before 14th july.
5)I am getting dates after 28th july to 28 august.
6)I have visitor visa to Canada

So my question is : my visa stamped date is going to expire on 14/july & then can i go for h1b stamping on 28th july?

Attorney Answers 4


  1. Best answer

    Yes, but you got to be psychologically ready to depart Canada for your country of nationality and apply for the H-1B there, in case your H-1B visa application gets rejected in Toronto or Ottawa. Not very likely, but you never know..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Generally speaking, a nonimmigrant visa foil can be processed in any US consulate who would agree to accept jurisdiction.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. No, generally, you cannot go to Canada to get a first time H1 issued. You can only go if you have already been issued that type of visa in the past. Please visit the consulate's website to confirm. These rules change very frequently.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.


  4. I agree with Attorney Gupta.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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