Change of Status (H4 to H1B) - Visa Stamping in Toronto

[srimech_2000]

Facts:

- My wife came to US on H4 in 2008

- She had Change of Status to H-1B in 2010

- Has 3 yrs 6 months of working exp on H-1B in USA

- Her entire education is from India. NO education in USA.

- Did not step out of USA since 2008 and hence she never had a H-1B stamp. She only has an expired H4 stamp.

Applicable tentative rule:

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

see below an excerpt from the above URL

"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."

Questions:

1. Will you recommend her going for stamping to Toronto as the above rule is a guidance and not a mandatory requirement.

2. If you would recommend Canada, have you seen any similar any employees with a successful stamping from Canada?

[H1B-Kk]

Facts:

- My wife came to US on H4 in 2008

- She had Change of Status to H-1B in 2010

- Has 3 yrs 6 months of working exp on H-1B in USA

- Her entire education is from India. NO education in USA.

- Did not step out of USA since 2008 and hence she never had a H-1B stamp. She only has an expired H4 stamp.

Applicable tentative rule:

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

see below an excerpt from the above URL

"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."

Questions:

1. Will you recommend her going for stamping to Toronto as the above rule is a guidance and not a mandatory requirement.

2. If you would recommend Canada, have you seen any similar any employees with a successful stamping from Canada?

Dont go to Toronto or Ottawa. better to go Calgary.Please  find my topic below.

 

http://forum.murthy.com/index.php?/topic/67124-h4-to-h1b-approved-without-us-degree-or-masters-at-calgary-first-time-h1b-stamping/

 

 

http://forum.murthy.com/index.php?/topic/63065-successful-h4-to-h1-stamping-without-us-degree-vancouver-on-3rd-sep/

[yogesh.vanera]

HI,

I had same situation where I change my status from L1 to H1. I went to Toronto for First time H1B stamping which was successful.

Be prepared and have all documentation. If your wife has enough experience which can be proved then I dont think that there is any problem

[Toronto2014]

Better to avoid Toronto if possible.