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Do I need to go to my country of origin to get H1B Visa stamp for the second time?

Alexandria, VA |

I came to the US on a H1b Visa stamp from a US consulate in India with company A in May 2011. The visa is valid till Sept 2013. i changed employers in July 2012 and got my H1b approved with Company B. Can i get my Visa stamp for company B from Canada/Bahamas. i read that "Consular officers in Canada
may refuse to issue a visa to H-1B applicants if their education and /or work experience
is solely or predominantly from a country other than the U.S. or Canada". My total work experience is 5.5 years out of which 21 months are in the US. i do not have a education from the US.

Attorney Answers 3

  1. It is always advisable ot go to oyur home country as you run a risk of denial in the third country and then will not be allowed back into hte US.

  2. If you return to the U.S. prior to September 2013 you will not need a new visa stamp at all -- you travel with a current passport, old visa stamp and new H-1B approval plus curernt letter from Employer B that you have a job to return to.

    Visa stamping is a separate issue and discretionary on the part of the consulate whether they will consider you for visa stamping or not. Generally when you already have a stamp many third countries will process your case if their workload is not too high.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. No one can guarantee that a visa will be issued.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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