Legal Question in Immigration Law in New Jersey

H1B stamping- Other than Homw country

Hello Sir/madam.

I came here on F1 Visa on 2002.

I have not completed my Masters of Science - M.S degree in U.S.A. But I got H1B (from my B.S in 2001 in India) in the last semester in 2004 and then I started working and till now on H1B.

Do Consulate have valid reason to reject my VISA Since I have not completed M.s??

Is that the case , where Mexico or canada US consulate give H1B visa provided the candidate must have completed their education in USA ( e.g M.S or B.S - not degree from INDIA )??

Am I eligible to get VISA stamped in those countries??

Some say yes or some say no.

On what grounds,they deny VISA in general??

Please help.

thanks in advance,


Asked on 6/07/06, 11:43 pm

1 Answer from Attorneys

Patrick Klauss Berd & Klauss, PLLC

Re: H1B stamping- Other than Homw country

Dear Sir/Madam,

In reading your post, it is impossible to evaluate your qualifications for the H-1b. However, a Master's degree is not required so your BA should be sufficient.

When Consular Processing as a Third Country National, the Consular Post in Canada or Mexico may take their time in reviewing your application and delays may occur due to a name matching yours in the system, any arrests you may have actually had, your nationality or educational background.

Each consular post has it's different rules on taking Third Country Nationals and it often depends on whether this is your first visa or not.

I hope this helps.

Regards,

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Answered on 6/08/06, 12:18 pm


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