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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105575
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Madam, I have been residing in the US from 2006 and moved

Customer Question

Dear sir/madam,
I have been residing in the US from 2006 and moved from my initial J1 to H1b visa in 2009. I hold an Indian Passport. I have been granted my H1 approval for another 3 years and my current I797 H1b approval expires in July 2018. I have always had my US visa stamped from India. I am wanting to tour Canada this time. Can I apply for US visa stamping in Canada?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Yes, this is common. As long as you have had a previous H-1B visa stamp from your home country, you should be able to get H-1B visa stamping in Canada or Mexico.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 8 months ago.
My wife is on dependent H4 visa, she went back to India and is planning to file a divorce in India, so if the visa officer asks where is your wife and does not she need a visa, what do I need to say?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

They most likely will not ask that, but if they do, just say the truth. That doesn't effect your visa stamping/eligibility.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Thank you for your understanding!

Customer: replied 8 months ago.
What is the procedure for Canadian visa stamping? I do not have Canadian visa, I do not have US visa on my passport?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Well, entering Canada is a different story. That is not a U.S. immigration question. Here is a link:

http://www.cic.gc.ca/english/visit/

As far as getting stamping, you would make an appointment at the U.S. Embassy or Consulate in Canada to get stamping. Here are some links:

https://ca.usembassy.gov/

https://ca.usembassy.gov/embassy-consulates/toronto/

https://ca.usembassy.gov/embassy-consulates/winnipeg/

https://ca.usembassy.gov/embassy-consulates/montreal/

https://ca.usembassy.gov/embassy-consulates/quebec/

https://ca.usembassy.gov/embassy-consulates/vancouver/

https://ca.usembassy.gov/embassy-consulates/calgary/

If you have NEVER had an H-1B visa stamp, either in this passport or any other passport, then unfortunately you will have to go home to India to get your H-1B visa stamp. I am truly sorry. The exception is if you have some legitimate emergency that you cannot go home.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does not close if you forgot to ask something. You aren't charged again if you respond on the same thread. Thank you for your understanding.

Customer: replied 8 months ago.
Okay so sir my old passport expired recently which had us visa stamps, now I have a new passport with no us visa, so under that condition I need to get it stamped from India. Did I understand that right sir?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Please at least tell me that you understand the rating system and won't log off without leaving one. IF you had an H-1B visa stamp in a previous passport, then you can go for new H-1B visa stamping even through the old visa was in an old passport. Please do not forget the positive rating. Thank you.

Customer: replied 8 months ago.
Sir I will give you the best rating, let me ask a few related questions.
I am an educator with a school district here. I have done my education in India.
I had heard that Canada refuses US visa to those whose education is not in the US. As a matter of fact I am currently pursuing my Masters in ESOL education in the US which will be completed end of this year. I would be getting the visa interview date last week of May. Do I need to carry an official letter of acceptance from Newman University from where I am pursuing my masters?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

I am a U.S. immigration attorney. I don't do Canadian immigration law, so I cannot tell you what Canada will require from you in order to get a visa to enter Canada. You would have to post a new question in our Canada Law forum to make sure. I would think that you should carry with you evidence of your stable life in the U.S. and that you plan to come back to the U.S. Please do not forget that positive rating. Thank you.

Customer: replied 8 months ago.
I have been with the same employer in good standing since 2006. I have all the necessary documents, what happens in the worst case scenario if I am rejected US visa in Canada? I cannot enter US under that condition..
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Worst case scenario is that you would go home to India for H-1B visa stamping.

Customer: replied 8 months ago.
What is Automatic Visa Re-validation program to come back from Canada?
Customer: replied 8 months ago.
Will I have to take two interviews one for Canadian Visa and one for the US visa?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Yes, because it is two different governments and processes.

Customer: replied 8 months ago.
But I am bit confused sir like the Canadian visa will need to stamped on my passport before I enter Canada, so will have the visa interview for Canada in the US?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

I have answered many questions for you and your question value was almost as low as it can go. Please leave a positive rating after this next answer. You can ask additional questions without additional charge on this same thread.

If you need a visa to enter Canada, you will have to contact the Canadian embassy or consulate in the U.S. and go for interview there. If approved and you enter Canada, you would make an appointment at the U.S. Embassy or Consulate in Canada for H-1B visa stamping there.

Please do not forget that positive rating. Thank you.

Customer: replied 8 months ago.
I will rate you after this question sir for sure, once I rate you it will end the session and ask for more payment.
But one of my friends who is on H1b visa and carries Indian passport said that she did not have to attend visa interview for Canada though, the Canadian embassy in the US stamped her passport and sent it to her address.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

No. That's what I have been trying to tell you. It does NOT close the session and does NOT ask you for more payment.

The U.S. will NOT give an H-1B visa stamp in the U.S. I cannot tell you about getting a visa to enter Canada. I have explained that three times to you already. If your friend got a visa to enter Canada without attending a visa interview, that's fine, but I can only tell you about getting the H-1B visa stamp to come back to the U.S.

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