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VWP to H1B and Canada???? Help!

VWP to H1B and Canada???? Help!

Old Jul 9th 2002, 5:16 pm
  #1  
cmp
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Joined: Jul 2002
Posts: 35
cmp is an unknown quantity at this point
Default VWP to H1B and Canada???? Help!

All,

Am currently in the States on a VWP, which you can not switch your status on. I am originally from NZ, and must leave at end of month. Will be securing an expedited H-1 B, hopefully, within this time. I would like to travel to Canada, make an appointment with the Embassy and retrieve the visa before my stay expires here. I am hearing conflicted reports from an immigration expert and INS as to whether or not I can do this. Or do i have to return to my home country? Please advise. Thanks for any help or advice.
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Old Jul 10th 2002, 8:20 am
  #2  
Ingo Pakleppa
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Default Re: VWP to H1B and Canada???? Help!

On Tue, 09 Jul 2002 11:20:04 -0700, cmp wrote:

    > All,
    >
    > Am currently in the States on a VWP, which you can not switch your status on. I am
    > originally from NZ, and must leave at end of month. Will be securing an expedited
    > H-1 B, hopefully, within this time. I would like to travel to Canada, make an
    > appointment with the Embassy and retrieve the visa before my stay expires here. I
    > am hearing conflicted reports from an immigration expert and INS as to whether or
    > not I can do this. Or do i have to return to my home country? Please advise. Thanks
    > for any help or advice.

The reason you hear conflicting information is probably that this is a discretionary
decision of the US consulate. Yes, you may get lucky and get your H-1B there. It's
also possible that they will send you back to your home country. My guess is that the
odds are 60/40 in your favor. That is mostly because US consulates in Canada nowadays
do not have much work (due to a recent change in regulations, non-Canadians now
rarely apply there, and Canadians do not need to get a visa in the first place). The
one factor that would work against you is that you entered as a tourist and are now
doing what amounts to staying. I don't think it will be a huge issue, but could be
enough for the consulate in Canada to send you back to NZ.

Ingo
 
Old Aug 17th 2002, 6:45 pm
  #3  
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Default Re: VWP to H1B and Canada???? Help!

I am in a similar situation (am from Australia and its a long way to go back....). Anyway I wanted to apply for an H1-B in Toronto as well and then enter US.

I have a valid reason to be in canada - have a working visa for here and currently live here in Toronto. Have been using it as a base to apply for jobs in NY and working odd jobs here.

Be interested to know what your outcome was.




Originally posted by cmp:
All,

Am currently in the States on a VWP, which you can not switch your status on. I am originally from NZ, and must leave at end of month. Will be securing an expedited H-1 B, hopefully, within this time. I would like to travel to Canada, make an appointment with the Embassy and retrieve the visa before my stay expires here. I am hearing conflicted reports from an immigration expert and INS as to whether or not I can do this. Or do i have to return to my home country? Please advise. Thanks for any help or advice.
silas is offline  

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