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H-1B Visa Stamping in Canada for Indian Citizens

by | Aug 14, 2023

H-1b Visa for indian citizens

H-1B Visa Stamping in Canada for Indian Citizens

Congratulations! You’ve earned your preliminary H-1B visa approval. But there are still steps you need to go through to make the most of it. Stamping is a vital part of the process, and it can be confusing. Here’s a brief guide to how it works, whether you should apply for a Canadian open work permit with your H-1B, and the fundamentals of H-1B visa stamping in Canada for Indian citizens.

H-1B Visa Basics

Note: If you’ve already finalized your H-1B visa, you can skip this part and head straight to the “H-1B Visa Stamping Explained” section. If you’re still going through the process or just starting, this section may provide vital context.

The H-1B visa is a program for skilled workers to enter the US temporarily. These visas are designed to welcome workers so that they can contribute to the economy.

Who’s Eligible for the H-1B Program?

There are two main requirements to be eligible for an H-1B visa: you need to have the minimum amount of education and have a job lined up.

Education Requirements

Since this pilot program is for skilled workers, you typically need a bachelor’s degree in some field. Alternatively, you can satisfy the requirement by demonstrating your work experience. In most cases, immigration officials will consider three years of on-the-job experience equivalent to one year of formal education.

Other ways to get accepted include having a foreign degree equal to a bachelor’s degree. You can also show you have a license to perform a specialized job.

Job Requirements

You’ll need to have found a job before you apply for your H-1B visa — and that job needs to meet one of the following requirements:

  • The employer usually requires employees in the position to have bachelor’s degrees,
  • The majority of people who do the job are bachelor’s degree holders, or
  • The job description or requirements must specify that employees need bachelor’s degrees or higher,

Your employer will be the one to petition the government for your visa. They’ll go through the process of filing the many different forms involved, with the last of these being the I-129 Petition for Nonimmigrant Worker.

H-1B Visa Stamping in Canada Explained for Indian Citizens

Once your I-129 is approved, you’ll receive yet another form — the I-797 Notice of Action. All done, right?

Wrong. There’s still another step: Visa stamping.

Visa Stamping in General

Visa stamping plays a role in many types of immigration. In short, it entails getting a physical stamp placed in your passport by a customs officer.

The stamp indicates that you’ve made it through the application procedures. It also signifies you’ve earned the approval of a US embassy and any other relevant government agencies. In H-1B cases, these agencies are the United States Department of Labor and the United States Citizenship and Immigration Services (USCIS).

Why is stamping necessary? Having your visa doesn’t guarantee you entry. Without the stamp, you probably won’t even make it through security.

How Visa Stamping Works

Getting your visa stamped takes time, so don’t try waiting until the week before your scheduled entry to take care of it! On the other hand, you can’t start too early. To get a stamp, you must have reached a certain stage of the H-1B process.

The general rule of thumb is that you ought to kick things off around 90 days before you’re set to start working in the US. Of course, this recommendation may vary depending on how your local US embassy operates and what kind of delays you can reasonably expect in your region.

If you haven’t entered the US before, you’ll get a visa stamp at the US embassy or consulate in your country. Be sure to think about travel times, processing delays, and other scheduling factors.

So what do you need? For starters, you’ll require:

A Valid Passport

Your passport must be valid when you apply, but it should also remain so for six months longer than the term of your H-1B visa. If yours will expire before that, you should apply for a new passport before pursuing stamping in Canada.

A Passing Medical Exam

You’ll need to have your health cleared by a licensed doctor before you visit the embassy.

Complete Documentation

This category is a big one. In short, you’ll need to show all the documents generated during the H-1B application process — plus a few extras for good measure. These include:

  • Your current valid passport,
  • The original I-129 form filed by your employer,
  • Your completed and signed DS-156 Nonimmigrant Visa Application form,
  • Your DS-157 Petition for Special Immigrant Application for Afghan Special Immigrant Visa (SIV) form if applicable (such as if you have dual citizenship or reside in India as an Afghani refugee),
  • Your DS-160 Online Nonimmigrant Visa Application,
  • Your I-797 Approval Notice form indicating you were approved by USCIS, and
  • An ETA 9035 Labor Condition Application (LCA) form from the Department of Labor.

 

Other forms that might be helpful include:

  • Your employment letter with details about the work you’ll be doing and your compensation,
  • Work experience history letters from previous employers,
  • Your CV or resume,
  • Any educational diplomas or certificates that prove your academic qualifications,
  • Information about your US employer, including photos, address, contacts, annual reports, etc.,
  • Three months’ worth of bank statements,
  • Verification of your current home address,
  • Receipts for all the fees you paid throughout the application process,
  • Your social security number (if you’ve been given one), and
  • A photograph of yourself taken within the previous six months.

Once you’ve got everything applicable to your case, you should make a visa stamping appointment at the embassy. Your records will undergo a review, and you’ll earn your stamp if you pass the checks. At this time, you’ll also receive a form I-94 Arrival/Departure record from the US Department of Homeland Security.

H-1B Visa Stamping in Canada

One common option involves coming to Canada to get your H-1B visa stamped. This strategy works well because travel between the US and Canada is a minimal-hassle affair.

To follow this pathway, you’ll need a Canada visitor visa. This document is usually available with a minimal delay (often under three weeks), and you can complete the entire application online.

The other neat aspect of the Canada visitor visa is that it lets you stay in Canada for six months following your entry date or until your passport expires, whichever is shorter. Why is this window of opportunity so helpful? As with other aspects of the H-1B process, wait times can be extremely long when you’re seeking your consulate appointment — any extra leeway you can get is a good thing.

Working in Canada While You Await Your H-1B Stamp

Pursuing employment in Canada may be wise if you anticipate a long wait. Although the current initiative is no longer taking applicants, Canada has been experimenting with a range of streamlined programs to help US H-1B visa holders apply for Canadian open work visas.

Open work visas let you work for almost any Canadian employer with only a few exceptions, and they’re valid for up to three years. Considering that the H-1B renewal process may take upwards of a year, this might be a viable way to support your family in India. It could also help you maintain your financial standing for your next H-1B review.

Since the open work visa program has met its quota, alternatives include:

People who already have Canadian citizenship don’t need to apply for visa stamps. But this doesn’t mean you can enter the country without evidence! You’ll still need to bring the documents we listed before.

H-1B Visa Restamping

As mentioned earlier, H-1B visas are only valid for so long. When yours expires, you have a few options:

If your employer still wants to work with you, you’ll need to get a new stamp in your passport. Currently, you’ll have to leave the US and go to a consulate or embassy on foreign soil. This rule may change in the near future, but for now, it’s still the standard route.

If you were laid off or terminated, you usually have a 60-day grace period to apply to change your status, find a new H-1B employer, or leave the US. This period doesn’t extend past your original I-94 expiration date, so coming to Canada may be your best option.

Start Navigating the H-1B Visa Stamping Process in Canada as an Indian Citizen

The H-1B system isn’t perfect. Long wait times have made life extremely tough for many Indian citizens, and competition for the program is fierce. Even though the US is making improvements in these areas, you still need to be proactive to increase your odds of success.

Talking to an expert is a must — and our team has the experience to help you understand what you’re in for. Every case is unique, so our personalized approach is geared toward helping you complete the most successful application possible. Learn more by reaching out to the AllCleared team today.