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  1. #1

    Default H-1B Re-Stamping While Seeking Permanent Residency in Canada

    Hi,

    I started working for my current employer A on H-1B visa since December 5,2012.My H-1B extension with my Employer A just got approved by USCIS till December 15,2015. and my wife are going to India for vacation from January 1 to January 25,2015.Since my previous H-1B stamp with Company A is expiring on November 28,2014, I would need to go to U.S consulate in Mumbai for my H-1B restamping. Based on this I have 2 questions as below:

    1) Do I and my wife need to go for both fingerprinting AND Visa inteview again to the U.S consulate?
    2) I am applying for my Canada PR and as part of the process, I need to obtain police certificate/background check from FBI Channeler in U.S.A. I need to do this within 10 days. My question is whether this could negatively impact my H-1B restamping in any way?Will USCIS red flag as to why I am goign for an FBI background check at this time?
    3) Will above point (2) affect my Greencard sponsorship which is already initiated by my Employer A in future in any way?

    Thanks ahead of time!

  2. #2
    Join Date
    Sep 2005
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    Default Re: H-1B Re-Stamping While Seeking Permanent Residency in Canada

    You need to appear for your biometrics and interview as instructed. Your spouse presumably has an H4 visa. If her H4 visa remains valid, she can enter on the H4 based upon your renewal without having to take additional action.

    An H-1B visa is not an immigrant visa, so the fact that you are seeking permanent residency in Canada is irrelevant to the visa. The question of how your effort to obtain permanent residency in Canada will affect your effort to obtain permanent residency in the U.S. is fact-dependent -- whether you are making any representations to Canada that are different than those you are making to the U.S., whether you in fact meet U.S. residency requirements, and the like.

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