H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
Oct 15th 2019, 10:35 am
#1
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H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
I am planning to get my H1B Extension Visa Stamping in Canada. I am pretty sure visa stamping process will go smooth.
I have a question if in case for some reason (not expecting this but understanding the process) H1B extension visa stamping taking longer than expected(Administrative processing,etc.) than can I travel into US with my British passport during my H1B visa stamping process is in progress?
British citizens are allowed to travel in US for 90 days right. So can I enter into US during the H1B extension visa administrative processing period and when the US Consulate in canada administrative processing is complete than I will go to US Consulate Canada and will hand over my passport for H1B visa stamping.
Any good info on this query will be greatly appreciated!
I have a question if in case for some reason (not expecting this but understanding the process) H1B extension visa stamping taking longer than expected(Administrative processing,etc.) than can I travel into US with my British passport during my H1B visa stamping process is in progress?
British citizens are allowed to travel in US for 90 days right. So can I enter into US during the H1B extension visa administrative processing period and when the US Consulate in canada administrative processing is complete than I will go to US Consulate Canada and will hand over my passport for H1B visa stamping.
Any good info on this query will be greatly appreciated!
Last edited by chandu27; Oct 15th 2019 at 10:38 am. Reason: typo
Oct 15th 2019, 12:46 pm
#2
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
British citizens are allowed to travel in US for 90 days right. So can I enter into US during the H1B extension visa administrative processing period and when the US Consulate in canada administrative processing is complete than I will go to US Consulate Canada and will hand over my passport for H1B visa stamping.
What will you be intending on doing during that stay?
Oct 15th 2019, 12:57 pm
#3
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
Yes . As you mentioned planning to use ESTA(90 Day Period).
Only me going for visa stamping and my spouse and kid are in USA . So instead of me just staying in canada planning to join my family in USA and stay away from work until my stamping process is completes by US Consulate canada. Will resume work once I get my H1b stamping done.
My question is can I travel to USA from canada if my H1B extension visa stamping process is delayed for some reason in canda?
Only me going for visa stamping and my spouse and kid are in USA . So instead of me just staying in canada planning to join my family in USA and stay away from work until my stamping process is completes by US Consulate canada. Will resume work once I get my H1b stamping done.
My question is can I travel to USA from canada if my H1B extension visa stamping process is delayed for some reason in canda?
Oct 15th 2019, 2:03 pm
#4
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Joined: Apr 2010
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
If the Officer allows you in, sure. If they will or not is an open question. Seems like attempting to live in the US without a visa to do so to me, you are supposed to maintain a home abroad as part of the VWP conditions.
In my laymens opinion it's pretty risky.
In my laymens opinion it's pretty risky.
Oct 15th 2019, 4:56 pm
#5
Deep in the woods of CT
Joined: Feb 2010
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
Only me going for visa stamping and my spouse and kid are in USA . So instead of me just staying in canada planning to join my family in USA and stay away from work until my stamping process is completes by US Consulate canada. Will resume work once I get my H1b stamping done.
Oct 15th 2019, 7:38 pm
#6
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Location: Colorado Springs
Posts: 1,214
Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
If you do it 'in country' instead of flagpolling, can you not continue working up to 240 days while it's pending?
Oct 15th 2019, 7:53 pm
#7
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
I want to know if you already have a valid ESTA or if you in need of applying for one. If you have to apply for one, where do you plan to apply for it? From the US or from Canada? How do you know it will be approved? As the US Consulate will have your passport and you don't have a green card even with an ESTA how do you propose to get through the border?
Oct 16th 2019, 12:21 am
#8
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
At US/Canada border they will let me in to USA (my guess) because the VWP should let a british citizen in to the US for 90days and the new I94 they issue at the US/Canada border will be on B1/B2 which is not allowed to work.
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
Oct 16th 2019, 1:58 am
#9
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Joined: Apr 2001
Posts: 46,390
Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
At US/Canada border they will let me in to USA (my guess) because the VWP should let a british citizen in to the US for 90days and the new I94 they issue at the US/Canada border will be on B1/B2 which is not allowed to work.
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
Last edited by Rete; Oct 16th 2019 at 2:00 am.
Oct 16th 2019, 2:00 am
#10
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
At US/Canada border they will let me in to USA (my guess) because the VWP should let a british citizen in to the US for 90days and the new I94 they issue at the US/Canada border will be on B1/B2 which is not allowed to work.
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
I am not sure it is clear what you are looking to do, if you approved for the new / extension on H1b already and go to the embassy, if they approve you they will take your passport to put the visa in, do you can’t return because you will need your passport to try and enter on VW. Or are you taking about filling for an H1b extension at the embassy, and then coming back for up to 90 day, and then if it’s approved going back, to give them your passport and then waiting there till you can collect the passport with new visa / have it sent to your hotel?
Oct 16th 2019, 2:47 am
#11
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
An obvious question is whether you even need to do this. Assuming all your H-1B paperwork is in order, you only need a visa to enter the country, not to stay.
Also it sounds like you are talking about re-entering the US on your British passport while leaving a different passport at the embassy. Is that correct?
Also it sounds like you are talking about re-entering the US on your British passport while leaving a different passport at the embassy. Is that correct?
Last edited by AdobePinon; Oct 16th 2019 at 2:49 am.
Oct 16th 2019, 5:00 am
#12
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Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
That was my take - it sounds like he needs to obtain a new visa foil rather than just an extension of status, and he wishes to re-enter the US (using an ESTA) on a second passport whilst his primary one is with the US Embassy for processing.
Oct 16th 2019, 11:24 am
#13
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
From previous posts it’s seems like the OP became a UKC in 2015, but at that point he said he had to give up his Indian citizenship within 3 years, so it can’t be that passport as it’s now 4 years, and it’s unlikely he could have acquired another Citizenship in such a short time. He could easily have a second UK passport if he travel frequently or to certain ME countries, I had a second UK passport while my L1 was being stamped and was traveling while the embassy had it. I was in New Zealand for a few days so I did not try to enter the US in that period.
Oct 17th 2019, 1:21 am
#14
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Location: Colorado Springs
Posts: 1,214
Re: H1B Extension Visa Stamping in Canada(first time getting stamped in canada)
At US/Canada border they will let me in to USA (my guess) because the VWP should let a british citizen in to the US for 90days and the new I94 they issue at the US/Canada border will be on B1/B2 which is not allowed to work.
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
So I won't work until my H1B stamping process is complete from US Consulate in canada. Once the H1B extension stamping process is complete I will travel into the US using my H1B visa extension and I can resume work.
The question here is when my H1B extension visa process is in progress can I enter the USA using VWP?
But - if this is an extension, why isn't your company filing an I-129?
Last edited by neill; Oct 17th 2019 at 1:25 am.
