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Old 09-22-2004, 11:18 PM   #1 (permalink)
Vijay Kumar
 
Posts: 2
Default H4 Visa ---> H1 Status --> H1B Stamping in Canada or Mexico

Hello:

My wife came to US on H4 Visa. Later after 2 years we applied for her
H1B through a s/w company and obtained the I797 approval notice.
Subsequently she applied for her SSN card and obtained the same and
started working for the past 1 year.
We later independently sent our passports for visa stamping to St
Louis. Mine got stamped with H1B visa and the old expired visas in my
passport were "cancelled with out prejudice". But my wife passport
came back with out stamping and with an explanation that first time
H1B stamping should be done outside United States. In addition her old
expired H4 visa's were "Cancelled without Prejudice".

Now if we decide to go for stamping to Mexico or Canada,

1) What is the procedure to go for stamping to Mexico or Canada and
also which is recommended? and what all documents that she need to
carry.

2) What are chances of getting the visa rejected? She actually
possesses a master's degree in computer science and has couple of
years of job experience in INDIA and 1 year working experience in
usa.

3) If the visa is rejected, can she reenter usa. Also please also
advise on going for stamping in INDIA.

Please advise,

Thanks in advance,
Vijay
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Old 09-25-2004, 04:19 AM   #2 (permalink)
Jozef
 
Posts: 812
Default Re: H4 Visa ---> H1 Status --> H1B Stamping in Canada or Mexico

"Vijay Kumar" <> wrote in message
news:...
    > Hello:
    > My wife came to US on H4 Visa. Later after 2 years we applied for her
    > H1B through a s/w company and obtained the I797 approval notice.
    > Subsequently she applied for her SSN card and obtained the same and
    > started working for the past 1 year.
    > We later independently sent our passports for visa stamping to St
    > Louis. Mine got stamped with H1B visa and the old expired visas in my
    > passport were "cancelled with out prejudice". But my wife passport
    > came back with out stamping and with an explanation that first time
    > H1B stamping should be done outside United States. In addition her old
    > expired H4 visa's were "Cancelled without Prejudice".
    > Now if we decide to go for stamping to Mexico or Canada,
    > 1) What is the procedure to go for stamping to Mexico or Canada and
    > also which is recommended? and what all documents that she need to
    > carry.

Consulates are reluctant to issue visas to third party nationals.

    > 2) What are chances of getting the visa rejected? She actually
    > possesses a master's degree in computer science and has couple of
    > years of job experience in INDIA and 1 year working experience in
    > usa.

See above.

    > 3) If the visa is rejected, can she reenter usa.

No.

    > Also please also advise on going for stamping in INDIA.

If the consulate decides to run a background check, she could be stuck in
India for a while.

Jozef
(Not a lawyer)
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Old 09-25-2004, 07:02 PM   #3 (permalink)
Jozef
 
Posts: 812
Default Re: H4 Visa ---> H1 Status --> H1B Stamping in Canada or Mexico

"Jozef" <jozef.*take this out*> wrote in message
news:Gs55d.108$Ym1.40@trnddc03...
    > "Vijay Kumar" <> wrote in message
    > news:...
    > > Hello:
    > >
    > > My wife came to US on H4 Visa. Later after 2 years we applied for her
    > > H1B through a s/w company and obtained the I797 approval notice.
    > > Subsequently she applied for her SSN card and obtained the same and
    > > started working for the past 1 year.
    > > We later independently sent our passports for visa stamping to St
    > > Louis. Mine got stamped with H1B visa and the old expired visas in my
    > > passport were "cancelled with out prejudice". But my wife passport
    > > came back with out stamping and with an explanation that first time
    > > H1B stamping should be done outside United States. In addition her old
    > > expired H4 visa's were "Cancelled without Prejudice".
    > >
    > > Now if we decide to go for stamping to Mexico or Canada,
    > >
    > > 1) What is the procedure to go for stamping to Mexico or Canada and
    > > also which is recommended? and what all documents that she need to
    > > carry.
    > Consulates are reluctant to issue visas to third party nationals.
    > > 2) What are chances of getting the visa rejected? She actually
    > > possesses a master's degree in computer science and has couple of
    > > years of job experience in INDIA and 1 year working experience in
    > > usa.
    > See above.
    > > 3) If the visa is rejected, can she reenter usa.
    > No.
    > > Also please also advise on going for stamping in INDIA.
    > If the consulate decides to run a background check, she could be stuck in
    > India for a while.

You can find the official regulations regarding visa issuance to
third-country nationals here:

http://travel.state.gov/travel/tcn.html
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