H1B Stamping in Canada with previous visa expired more than a year


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I am planning to attend H1 Visa stamping in Ottawa Canada(I have all the documents). My previous H1 Visa was expired in Sep 2008. Can I go to Canada and attend for the Visa? I heard that, if the previous was expired more than a year, then you can only go to the home country (India) and attend? Is that true?

Response is greatly appreciated. Thank You

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My H1B visa stamping is what got expired in 2009. My I-797 is valid and my H1B was recently renewed and is valid until 2015. I would like to know if anyone who has attended for H1B visa stamping in Canada whose visa stamping got expired more than a year ago?

Your response is greatly appreciated.

That's not a big deal. Their are people who got visa after 5 yrs. No need to worry about it.

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I contacted my company attorney and they told it should not be a problem provided we are not out of status (Valid I94 provided in I797 bottom should be there to be in status) and asked me to mail embassy for conformation. I got email from ottawa embassy that i can apply for visa stamping if i never had out of status i.e., I797 (I94 in I797) should not have expired. Hence i'm applying for ottawa embassy eventhough mine is same case as yours

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