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Immigration Issues/H4 - H1 approved, no I-94


My wife has the following situation.

She is in the US, approved h1-b petition (no I94 - change of status denied asking for stamping in Chennai Consulate).

H4 approved petition until 2007 Nov.

Can she apply in Canadian embassy for H1-B ? I saw your note saying they reserve the right to not take this application. But, hoping and with some luck they do agree to review, we plan to proceed with that.

In the meantime, before we schedule her H1-B interview, we plan to get her H4 stamped on her passport to ensure she can enter US without any issues incase her H1 is asked to go back to India for stamping.

Please provide your insight/guidance on our approach. Any way to change her status to h1-b within the US?

Why was her change of status denied?

I do not think Canada will process the application. They usually only process the visa for non-canadians with no denials or issues in their history.

You can try to get H-4 stamp, but that can be cancelled by India if they do not give her H-1. That theory would work if Canada would agree to give H-1 visa interview. If they do not give it to her, they wioll let her back in on H-4 but not if she has to process in India.



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Robert Hollander<B> Esq.</B>



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