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Immigration Issues/H1-B stamping and general questions

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Question
Hi,

I am still in F1 status and I will be defending my project in Sep 2008 (thats when I will be getting my degree certificate MS in CS).

I already have a full time offer with a company and my starting date is OCT 6th 2008. They filed for my H1-B and I got the approval.

My company informed me that I got approved for consular approval although they had filed for automatic change of status. Could you please explain what this means?

Also If I am going to Canada for my stamping will I need to defend my project first or can I go before that (I will not get my degree certificate till I defend)

Thanks,
Joe

Answer
Joseph,
If your H-1 has been approved it would mean that it was approved not based on your Master's degree. So you do not need your degree certificate for obtaining your visa stamping. Check with your company on what the H-1B application states.

I do not know why the company applied as consular processing, they could have applied as a change of status and avoided the extra cost of leaving the country and returning to the US. I think that the company/attorney screwed up.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com  

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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