Switching from EAD to H1B - H1B without I-94, Can I get stamping done in Mexico?

[financex168]

Hello -

I am currently on EAD (Employment Based) and applied for H1B through a new employer changing from EAD to H1B. The H1B was approved without I-94/COS. Can someone please tell me if I can go to Mexico for getting my H1B stamped?

Note: I have have been on H1B for 7 years before I switched to EAD and been on EAD for a few years now.


Thanks.
Ravi

[shervin143]

Change of status stamping (even though while you are on H1B, you are not in any particular status) is not permitted in Mexico.

[financex168]

Change of status stamping (even though while you are on H1B, you are not in any particular status) is not permitted in Mexico.

Thanks for the response Sherwin!

I found this on a blog while I was searching. Seems the person is in the same boat as me and was able to get stamping done in Mexico. Any thoughts on this?

My Case
Got EAD/AP May 2012 ,H1b Extended AUG 2012
Got Married Aug 2012 ,Came Back to US on AP SEP 2012
I-94 Status Parolee SEP 2012.Wife In India.

According to my lawyer safest way to get H4 for spouse is to get H1b Stamped and re-enter the country using H1B I-94.H1 amendment and other options are loopholes or are not tested yet it seems.

Stamping
I went to Motomoros Mexico for stamping. Got the Visa and passport the same day.
Interview was like any regular H1b interview. My Employer letter, Tax returns was verified.
As the officer at consulate told EAD is Department of immigration and H1b is department of homeland security. So the process is not any different than regular H1B. Additional thing happened was that she scanned my 485 application for records.
All is well and good.Me and wife in Hawaii !!

Port of Entry
The officer at the POE has not seen any EAD to H1B before. He seemed confused on how this is even possible.

Hawaii sequence paused for few minutes...

Luckily my lawyer had included the AFM update Revision of March 14 2000 Dual Intent Memorandum(goes by the name Cronin Memo in forums) in my H1b application which I had and I remembered that I had it with me.
I showed him the clause which states that its aliens prerogative to choose which status to be on at POE, either EAD/AP or H1b.

He asked if I have my EAD with me, asked for my license to verify address. He talked to his supervisor and for my luck even he had also not seen cases with PAROLEE status switching to H1b.

I saw them talking on the phone and came back apologized for the confusion and was explaining to other officers my situation.
So I became part of their on-job training for few minutes.
Being IT guy I can totaly relate to that.Just an new test case that passed.

Got all my papers with H1b I-94 after an Hour.

[shervin143]

Looks possible. But I also think that he just got lucky. What if the VO that you meet is unaware of this. In situations like these, sometimes they tend to issue 221g for additional admin processing. Are you willing to take that risk. Just in case, if they need more time, you might have to be prepared to stay there for some additional time. Also, how old is post. Change of status stamping used to be possible at Mexico before. They changed it few years ago.

Thanks for the response Sherwin!

I found this on a blog while I was searching. Seems the person is in the same boat as me and was able to get stamping done in Mexico. Any thoughts on this?

My Case
Got EAD/AP May 2012 ,H1b Extended AUG 2012
Got Married Aug 2012 ,Came Back to US on AP SEP 2012
I-94 Status Parolee SEP 2012.Wife In India.

According to my lawyer safest way to get H4 for spouse is to get H1b Stamped and re-enter the country using H1B I-94.H1 amendment and other options are loopholes or are not tested yet it seems.

Stamping
I went to Motomoros Mexico for stamping. Got the Visa and passport the same day.
Interview was like any regular H1b interview. My Employer letter, Tax returns was verified.
As the officer at consulate told EAD is Department of immigration and H1b is department of homeland security. So the process is not any different than regular H1B. Additional thing happened was that she scanned my 485 application for records.
All is well and good.Me and wife in Hawaii !!

Port of Entry
The officer at the POE has not seen any EAD to H1B before. He seemed confused on how this is even possible.

Hawaii sequence paused for few minutes...

Luckily my lawyer had included the AFM update Revision of March 14 2000 Dual Intent Memorandum(goes by the name Cronin Memo in forums) in my H1b application which I had and I remembered that I had it with me.
I showed him the clause which states that its aliens prerogative to choose which status to be on at POE, either EAD/AP or H1b.

He asked if I have my EAD with me, asked for my license to verify address. He talked to his supervisor and for my luck even he had also not seen cases with PAROLEE status switching to H1b.

I saw them talking on the phone and came back apologized for the confusion and was explaining to other officers my situation.
So I became part of their on-job training for few minutes.
Being IT guy I can totaly relate to that.Just an new test case that passed.

Got all my papers with H1b I-94 after an Hour.

[financex168]

Thanks again for the prompt response. His appointment was in November 2012.

[visa2020]

Thanks again for the prompt response. His appointment was in November 2012.

In similar situation, did you happen to go to mexico for stamping. Please share your experiences...

Many Thanks...