First H1B stamping in India


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Hi, I am not sure if my case is complicated but most of the times I feel my case is too complicated and hence posting here for some guidance/help. 


Here is my brief history. I was working in India for a major MNC for about 6 years. In the year 2010 I came to US for attending a business meeting (through B2)..  Then one of the employers in US applied for my H1visa on April 2013 and it got approved. But before I could go for stamping, my sister who lives here in US had some medical emergency and since my parents could not travel I had to come here for supporting her.. Meanwhile, on October 2013, I was asked to join my client so I didnot get back to India for stamping and since I was a contractor for my client, I could not go for stamping.. I continued working as a contractor for my client. On Aug 2014, my client (one of the top companies on fortune 500 list) took me as a full time employee and my H1b transfer (all the process) is done. Now I am thinking to go to India for stamping. But I am little worried as I came to US as a visitor..


Also, in the year 2011 my F1 visa was rejected twice..


Also since I came here in B2 I was allowed to stay only for 6 months. So my attorney after my H1b was approved last year filed for the I-94 amendment.  


So in short, I was working for my client since 2013 October  as a contractor and moved as a direct hire  since 2014 August. 


Now can I go to India for stamping?? 


Or should I go to Canada or Jamaica (I worry b'cos I do not have masters degree from US)


If I go to India is it okay if I have the last 3 months of pay stub or should I have atleast 6 months of paystubs??


Your help or guidance is highly appreciated. Thank you !!

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1. You did everything legally. It does not matter if you were B1 and got converted to H-1. Whatever you did was legal and per law, and not something like graduating from a shady school and working on CPT and then on H-1.
2. Going to India is highly recommended in your case in particular.

Canada is an advisable place for those who have done Masters in US and have been in US for a long and thus do not necassarily have to prove their ties to home country. They just have to explain about the company.

Also, in your case since F-1 was rejected twice (I am assuming in India), it will be take weeks for Canada consulate to get in touch with Indian and find out why it was rejected. I have seen that happen before. So if you get it done in India, you will have be mentally comfortable and more prepared to handle the interview as well as any last minute emergencies.

Get your stamping done in India.

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