Please Help! Consular processing for H1B in Canada

I

indi_dude

Registered Users (C)
Hi all,

I have an appointment for H1B visa stamping at a canadian consulate. But now I am rethinking my plan of going out of US just to get the Passport stamped because of the risk of visa refusal or a long delay in processing.
I used to have H1 status with the same employer but my H1 status expired earlier this year and then I had status as an I-485 adjustee. I also used EAD and Advance Parole during this period.
After my EAD expired, I got a new H1 (same employer, same job as previous H1) and that's the status I currently have.

1) Any issues that might come up during H1 interview in Canada? e.g. Will they ask for non-immigrant intent? My most recent I-94 says- "Paroled to Resume Adjustment of Status".

2) Also, since my main qualification for job (B.E. degree from India) is from outside of US, can I get the degree evaluated in US and use the eval. report as evidence of sufficient qualification for the job?

3) If I get bad luck in canada :(hope not), How long will it take to get the visa at the Chennai consulate, India?

Thanks in advance.
 
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I dont know where you get your advices from but I think your employment authorization does not look pretty. Do you mean to say that you used EAD, did not extend EAD, thought that H1 extension is enough to keep your status alive in US?

Right now all the comfort I can offer is that, if you have a valid AP, you can always come into US using AP, if H1 visa is refused in Canada.
Give more details with date if you want more to the point answers.
 
Thanks Jaxen for the reply.
About EAD, yes my employer and I did file for an EAD extension but INS lost our file somewhere and so my EAD extension did'nt come through in time. So, our attorneys filed for an H1 extension, and got that approved. I was told that my H1 status should also allow me to continue to work for the current employer.

Can you, if possible, elaborate on what could be the problem with having used an EAD in the past? Can the consular officer deny H1 visa because I have used both EAD and AP in the past or because I have an I-485 pending?

Thanks again.
 
No you are fine. Since you were with the same employer, your employment authorization holds good. By the way, apply for a new EAD just in case
 
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