H1 approval got stuck.

A

Americandream99

New Member
Canadian/indian/Mexico stamping required???
I entered USA on march 10, 2008 on H4 VISA. I applied for H1B on april 1 2008, but my attorney made a mistake of NOT processing it as Change of Status from H4 to H1. By negligence, He infact he processed the case as a new H1 as if I were in India. I received H1B approval with chennai consulate processing.

What to do now! I dont want to go back to India for stamping. What is the easiest way to solve this issue?

URGENT reply is appreciated.

Swetha.
 
Since a change of status was not requested, you can't avoid stamping anymore. But you may be able to get an H-1B stamping either Mexico or Canada. I wouldn't recommend first-time H-1B stamping in Canada if your H-1B petition approval was not based on your degree earned from a U.S. university, but it seems some people were able to get one.

To get stamping and reenter is the only way to start working in H-1B.
 
Hi,
I think you can still apply for COS,but it might take very long(3+months).If you are in urgent better to go out of the country and get stammped.
 
#1 8th November 2008, 10:35 PM
Venky_GC
Registered User Join Date: Mar 2007
Posts: 4

H1B Revalidation from Canada. Please suggest !!

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Hi,

I completed my 6 years H1 in Feb 08 and moved to EAD, which I got from last year (2007) July 140/485 filings. Since my labor approved in last July(2007) I had to wait till July 2008 to get new H1 one year extention filing and got approval in Oct 08 and Its been mentioed on H1 approval notice that I need to go to Consulate in Chennai to validate the Visa. ( I dont see I-94 at the bottom of visa). I am working for the same employer since last 3.5 years.I have my education from India.

Since my 140 is not approved, I would like to get back on h1 from EAD.

1)Can I go to canada and validate my h1 visa there?
2)If something goes wrong with H1, can I enter US back with my advanced parole and continue working on EAD?

Please suggest .........
 
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