Possible choice of countries for H1B stamping

[MI6]

Hello,

I was born in India, but I am a naturalized British citizen. I work in the USA as a Database Administrator on an H1-B visa.

I initially came to the USA through company A, but now work for company B.

I have a valid H1-B approval notice from company B that expires in mid/end 2013. I am looking to get the H1-B visa stamped on my passport (the first visa stamping for current company B).

Can I have the stamping done at the USA consulate in London UK (owing to my British passport), or must I have it done in India only (due to the fact that I was born in India). Is Canada an option as well?

Thank you,

MI6

[H1Matters]

It probably should not matter where you go for stamping. IMO you can get it stamped either in UK or India whichever is convenient to you. FYI, visa is the stamping in your passport (together called a travel document) which is required only (when you are travelling out of US and) want to return back to US. In case you are already in US there is no specific need of a stamping, however, in case you plan for a vacation back to UK or India, you would need a visa stamped in your passport iff you do not already have a valid visa from your previous employer. Note, if you have a visa stamped but with your previous employers name on it and if its still valid, then there is no need of re-stamping, and that visa still holds good (be sure to carry your new employers I-797 while travelling).

You, may also want to have a quick consultation with your company's attorney.

[MI6]

Hi H1Matters,

Thank you for your reply.

Ideally I would like to get my visa stamped in the UK, I think that is probably a safer bet.

I am currently in the USA, and may need to travel to India. My last visa stamping from my previous employer (and I-94) has expired in July of 2010, so I will surely need a new visa stamping to enter back in the US. My new I-797 from my current employer is valid till August of 2013 and I have an approved I-140.

I have not been able to get a definitive answer (even from an attorney) about whether I can get my visa stamped in London UK.

Thanks,

MI6