Got H1(1year) as a contractor.Wants to go for stamping

I have got H1b for 1 year starts at OCT,2012. I been working as a contractor for Medtronic in MN from past 1 year. My visa was expired in May,2012. I am planning to go India for my marriage. I am listing couple of questions. Please suggest my options.

  1. I wanted to know how secured is my decision to go to India or Canada for stamping as a contractor.
    2.How Stamping in Canada is better than India.
    3.As I have status till Oct,2013. Will that be an issue, if I decide to go to Canada/India for stamping in Dec or JAN,2013? How do Visa officer will give me visa for a period less than a year. Is it possible?
    4.For my next H1 extension, when should I start processing? Does it costs same as H1 application? Can I apply in APR,2013? What are my chances of getting 2-3 years H1 this time?
  1. Both are the same, as the Visa officer’s decision will be based on your case/petition. It is suggested to go to home country, because of the ease in getting required documents quickly when a problem arises. Other than this there are no big differences.

2)Both are the same. Some may say that VO’s in India are strict Canada they are more linient, thats a myth. Ultimately it depends on your case, documents that you submit.

  1. No you will not have any issue. The period of 1 year will not be an issue at all.

  2. You can apply six months before your validity period is about to expire.

The chances of getting 2-3 years validity depends on your case, mostly it is based on client letter that you submit. If your client says that the time period of your project is 1 year, you are likely to get a visa only for 1 year. If they mention 2-3 years, then you have a higher chance of getting H1 validity for 2-3 years.

Thanks for the reply.
1.What kind of documents we may get quickly. As I am here in USA, I can get any documents like Client & vendor letters.
4. If I apply for extension and I provide him a solid supporting letters from Client as a long term project. Do you think there are more chances of getting extension for more than a year. Another Imp question is, Can I start my extension process by April,12?

  1. Some may have their degree certificates at home in India, or get previous indian employer experience letter if you didnt have them with you.
  2. yes, if your client letter states that it is a 3 year project, then chances are high

You can only start your extension 6 months before the current visa is about to expire. So, you can apply from April 2013.

You need not worry as you will not go under the cap as you will be applying for a visa extension only.

Check the following link for more info:

4.Even when I have applied for for H1 last year, I did mention in my client letter as my project is long term. Is there any specific format which we should use. My colleague has used the same format as I did, but he got 3 years but I have got only for a year. Is that this duration of H1 is USCIS decision or a lottery. People say its luck? Does it?
-So I can start my extension process by APR 1st. I wanted to do it ASAP and Visit India.
Another final question is, My employer said, he can apply GC instead of H1? I was thinking how does it benefit me? Does traveling to India is riskier when you file your GC? Or is it same as H1?

Thanks for your replies. :slight_smile:

  1. It is a decision made by USCIS based on your background and petition. Yes, you need luck too.

I am not familiar with GC process. I think you need to reach certain stage in GC to continue working after your H1 expires. Just merely applying GC wont help.

I forget to ask one more question earlier.
If I got to stamping to Canada in MAY,2013 with my new WAC petition number after my extension. Will VO gives stamping based on my previous WAC number or New WAC number(After extension approval).
If Its based on new WAC number…It seems its better to go for stamping after extension because I might get it for longer period.