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Immigration Issues/I-94 change of status from H4 to H1


My H1 application was filed from India in May, 2006 and has been approved in Oct, 2006 but meanwhile in month of June 2006 I left India on H4 visa. Now my I-797 has not any mention of H4 visa. Now I have been asked to go for H1 stamping as well as new I-94. My query is -
Is it possible to get H1 stamping done from Canada ?
Is it possible to enter Canada on the basis of I-94 (H4) and get it changed to H1 and return on the basis of new I-94 (H1) ?

It is possible but not guaranteed. The Embassy in Canada can say that they are too busy with their own citizens or that the Embassy in India is better equipped to verify your qualifications. The good news is that if you try and are rejected you can return to U.S. on same I-94 (h-4)



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Robert Hollander<B> Esq.</B>



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