Meles
Forum Newbie
Topics: 2
Posts: 14
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Dear All and specially kgyi2003,
I am permanent resident of Canada and will be starting my residency in the US on July 1st, 2006 on H1B visa. I need help clearing my doubts on how early I am allowed to have my visa stamped at the consulate office. I have already got my petition approved and I have all the needed documents at hand from my lawyer. My question is about when to schedule my appointment for visa stamping for. I know they won't let me in to the US untill after 10 days prior to my employement start date (validity start date on I 797) which is on July 1st. Does that mean my appointment for visa stamping at the Consulate office should also be on or later than June 21st( 10 days prior to July 1st) OR can I have my visa stamped at an earlier date (say, for example, May 25) but only enter the US on or after June 21st??
In other words, what does the "ten days before validity start date" rule refer to?? Does it refer for entering the US OR for having the visa stamped at the consulate office OR for both???? Do I have to wait until June 21st or later (10 days before your validity date on I 797) for just stamping my visa OR Can I have it stamped on my passport on a date earlier than June 21st only to enter the US on or later than June 21??? Is the "10 days limit" for entering the US OR for stamping the visa on the passport??
Thank you very much in antecepation of your fast reply!!
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| Genco
Forum Newbie
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You can enter the US no more than 10 days before the start date on your visa. You can get your visa stamp at anytime after you receive your paperwork... I recommend booking your appt. at the embassy ASAP!
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| kgyi2003
Forum Senior
Topics: 18
Posts: 68
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yes, what genco said is true. i have my visa stamped and you should make an appontment ASAP. i don't know whether 10 days rule is applied everywhere or not but i personally found it very unreasonable considering so many things to be done before we start.
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| aimudia
Forum Senior
Topics: 11
Posts: 83
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I think Genco is very correct, as soon as you have all the papers with you, you should book an appointment with the embassy. I am in the same situation, my appointment is by the end of May, my H1B petition is already approved. Some embassies are very busy so schedule as soon as possible.
Is it not possible to arrive US by 20th of June? is the 10 days before including the arrival date??? My Orientation starts by 21st of June, so I have to be in the USA by 20th, is this going to be possible??? please help??
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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Dear all,
I found the following on the website of the consulate offices in Canada and that is why I am concerned. Read the portion I have highlighted, the bold one that is:
Do youH1B: Distinguished Merit (Other than Nurse)
- DS-156 (application form). Valid Passport (at least 6 months). Proof of legal status in Canada: original or certified copy. One passport-size photo. Older passports containing previous visas. Documents substantiating previous legal status in U.S. US$100 non-refundable application fee. Reciprocity fee (if applicable) I-797 (either I-797A or I-797B) (I-797C is not acceptable). Must be original and full page. Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed. Current employment letter indicating the nature of work, duration and salary. Recent paystub/payslip. Copy of I-129 petition completed by employer and filed with D.H.S. Copy of approved LCA if applicable. If previously under J-1 in U.S. applicant needs waiver of 2 year foreign residence rule. Evidence of qualifications must original or certified copy. 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.
Do you guys still think it is safe to schedule a date earlier than June 21st for stamping the visa after reading the above highlighted portion???
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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Appointment should be made ten days prior to the validity date on the I-797 or after the validity date has passed.
Does it mean we are not allowed to schedule visa stamping appointment before June 21st?? Any input will be appreciated specially from some one who is PR of Canada.
Thanks folks.
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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The source for the above is:
http://amcits.com/visas.asp#merit
Read the requirments under the H1B visa portion.
Thanks
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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Reply please.
Thanks.
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| Genco
Forum Newbie
Topics: 1
Posts: 8
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Why not phone up the consulate and ask them?
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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Consulates do no take calls regarding scheduling. I called the scheduling and help line and spoke to a guy who was not sure about it. He was like "I think you can schedule it whenever you like.....I think so".
No concret answer.
To be on a safe side, I have sheduled it for May 25. If they say I can't have it stamped that early, I can always reschedule a date in late june anyways.
What do you think?
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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Hello folks:
I got my H1B visa stamped on May 25.
They didn't ask me any question. They didn't even bother to take a look at my degree. The officer called me and he was like :- "I will give you the visa, but let me ask you a question (of just personal interest).....Can you tell me what Canadian Medical liscensing exams Canadian IMGs are required to take to get their license in Canada??". This is the only question he asked me and it had nothing to do with my visa. I think he was curious as to why most Canadian landed immigrants write the USMLE and go to US resideny programs instead of working on getting a residency in Canada.
He then told me to come at 3.00 pm the same day to collect my passport with my 3yr H1b visa on it.
That is all folks.
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| aimudia
Forum Senior
Topics: 11
Posts: 83
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Congratulations...... you didn't ask him when you can arrive USA with that Visa?
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| Meles
Forum Newbie
Topics: 2
Posts: 14
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I did ask him but he said he doesn't know. He told me to ask homeland security or something like that. But I asked two people who started their residency on H1B visa last year and both said they entered more than 10 days before their validity start date. One of them told me the exact date he entered the US, it was on June 16th (15 days before his validity start date which was on July 01). I am planning to book my flight for the 18th of June which is 12 or 13 days before July 1st, my validity start date. I have to wait untill June 21st according to the ten days rule but orientation starts on June 21st and also I don't think the homeland security folks will be that strict. June 18 versus June 21st should not be a big deal. They will compromise hopefully.
Ever heard of someone who was denied boarding for trying to enter more than 10 days before his/her validity start date??
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| aimudia
Forum Senior
Topics: 11
Posts: 83
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I got my stamp today on my passport, after the approval I asked if I can travel before 21st of June and he told me yes. I am thinking of travelling on 19th or 20th of June so that I can fix some things before my orientation that is starting on 21st too. I hope we don't get bounce back at the border.
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