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Immigration Issues/H1B Stamping in Canada

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QUESTION: Hi Ajay,
I came to US on a F-2 in 2007 then changed to a F-1 in 2008 and finally to an H1B this October 2011. I haven't gone back to India since I came to US on a F-2 visa in 2007. Now that I have an approved H1B I want to get the H1b visa stamped. Can I go to Canada for this stamping process and get it done or should I go to India and get it done since it is my home country. What are the negetives of getting it from Canada in my situation? Please advice.

Thanks,
Joy

ANSWER: Hi,

You can apply in Canada, and the probability of success is quite high since you have completed your degree from the U.S.: http://canada.usembassy.gov/visas/visas/categories-and-requirements/important-no

The risk is that if the Consulate does not issue the visa stamp, you will be required to obtain H1B visa stamp at a U.S. Consulate in your home country.




---------- FOLLOW-UP ----------

QUESTION: Ajay,
Thank you for your prompt reply. Does getting the H1B visa stamp from Kolkata, India have probablity of success considering my case that I have a Masters degree from US and an H1B approval? I am scheduled to go to India in Feb 2012, should I just go to India and get the H1B stamping  since I have to take extra leave to go to Canada first? I was thinking of going to Canada since I thought success rate is higher in Canada than in India. What do you think? Can I get it done in India too without running into issues?

Answer
Hi,

Although the general advice is to apply in your home country, I do not see any disadvantage of applying in Canada due to your earning a U.S. degree. Thus, the choice is yours.

Since you have to go to India anyway, and there is limited vacation time or leave granted to you by your employer, then it appears that in this instance it is best to simply apply in your home country.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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