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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105597
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello lawyer, An employee who had a change of status from

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Hello lawyer,
An employee who had a change of status from H4 to H1 and had her entire education in India,
can she go for a visa stamping in Canada or is it suggested to go to india for stamping?

If is ok for her to go to Canada, does she neet to take a Canada visa for her to go to stamping ?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


Unfortunately, if she has never had an H-1B stamp in her passport, the first stamping has to happen in her home country. On the positive side, if she doesn't need to travel, she doesn't need the visa stamp.


Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 3 years ago.


Thanks Lawyer,


 


If she still wants to go to Canada, then does she need to take a Canadian visa if she is going for stamping, if she is planning to come out of canada in 30 days?

You don't understand. She cannot go to Canada for stamping unless she already has an H-1B visa stamp from before. Does she have an H-1B visa stamp from before?
Customer: replied 3 years ago.


Thanks Attorney.

You are very welcome. Please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.


Hello Lawyer,


 


Is there any primary source proof that i can show to explain that employee cannot go to canada for stamping?

Unfortunately, I do not. Those are policies internal to the U.S. Embassy or Consulate in question. You can read about it all over the place, however. Here is a link:

http://redbus2us.com/change-of-status-or-first-time-h1b-visa-stamping-canada-or-mexico-h4-to-h1b-f1-to-h1b-etc-go-to-home-country-for-visa-stamping/



Here is another link:


http://canada.usembassy.gov/visas/visas/categories-and-requirements/temporary-worker-distinguished-merit-other-than-nurses.html




  • Evidence of qualifications must original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and/or work experience is solely or predominantly from a country other than the U.S. or Canada.
  • Consular officers in Canada may refuse to issue a visa to first-time H1B applicants if the applicant's education and/or work experience is solely or predominantly from a country other than the United States or Canada. In the absence of U.S. or Canadian education or work experience, we strongly encourage you to apply from your country of residence.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you

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