Immigration Issues/H-1B visa stamping

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Question
Dear Sir,
I have MS and PhD (Analytical Chemistry) from US, and at presently working as a full time H-1B employee in a pharmaceutical company. Can I go to canada for my first time H-1B visa stamping ? I am worried as I have been reading cases of the PhD's who got struck in canada undr administartive processing. Is it common for PhDs to go through administrative processing "221g" ??
And my husband has done his Masters (Analytical Chemistry) in US and he got his first time H-1B visa stamping from Mexico, is he eligible to go to canada for second time H-1B renewal stamping visa ?? Greatly appreciate your help and advice.
Swapna

Answer
Hi,

Since you have degrees from the U.S., and it appears that your job is a professional job as well requiring the possession of a relevant degree to satisfactorily perform the job ("specialty occupation"), and I assume that you are maintaining H1B status through being paid at least the agreed upon salary as stated in the H1B petition, I do not foresee any problems with being issued an H1B visa stamp at a U.S. Consulate in Canada.

Re. your husband, he appears to be in a similar situation, except that he has obtained an H1B visa stamp in Mexico earlier. Since he has an existing H1B visa stamp, his lack of a U.S. degree should not be a problem in obtaining another H1B visa stamp at a U.S. Consulate in Canada.

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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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