H1b Stamping - Need Advice

[Aubrey]

Hi,

My status was changed from L1 to H1 on october 2008. i need my H1 visa stamped . am getting married in may 2009. i see two options

1) go to canada in feb 2009 and get H1 stamping and get H4 for my wife from india.

2) go to india and getting visa stamping together.

i personally feel option 2 is risky, as i will not have any option if visa is rejected in india(that to right after marriage)

Please suggest, what is the right thing to do and less risky option.

Also, i quit my job with company A on october 1 and joined a project on october 26. My H1 company didnot pay salary for october month. will this be an issue in stamping.

i will really benefit from your answer

Thanks

Rajesh

[Hernan]

Hi Rajesh,

You can go to either your home country, or to any U.S. Consulate in Canada or Mexico, for H1B visa stamping. Your wife will apply for H4 visa at a U.S. Consulate in her home country, either at the same time that you apply for H1B, or any time thereafter.

In many cases the Consulates in Canada or Mexico do not issue H1B visa stamp, and instead suggest to the applicant to apply in their home country. Therefore, the likelihood of obtaining visa stamp is higher in the home country. Since your employment with Employer A was terminated when H1B status through Co. B took effect(on October 01), and since you joined Co. B shortly thereafter, there should be no problem with issuance of visa stamp.

Regards,

Ajay K. Arora, Esq.

www.h1b1.com