interview waiver program for H1-B with Consular filing

[jenson]

Hi All,
I need some advice/information, Please help.

My H1-b and I-94 are expiring soon(1 day). I got a new project and my employer submitted an LCA but by the time we get the approval, I will be out of status.
so, they want to file the H1-B with Consular processing and asking me to go back to India for Visa stamping. Hopefully this should be my final renewal(4th) before I get my ead.
If possible can you please help me on the following

1. Am I eligible for Interview waiver program (drop box ) with consular processing. My current stamping was in India, I am still with the same employer and applying on the same visa category (H1-B)
2. Do I really need to go to India or ask my employer to file the H1 as a consular processing in Canada/Mexico ?


Thanks a lot

[shervin143]

If you cannot file your H1B extension before your current I-94 expires, then you are not out of status, but illegal. You cannot and should not work past your I-94 expiry date and you should not stay in the country. Illegal stay can have bigger impact. Visa stamping at Canada or Mexico is not advisable when you have accumulated illegal stay. So what is your plan. Are you planning to file the H1B for consular process and continue to stay and work till that gets approved? That is illegal, don't you know?

[santosh0910]

@jenson
Could you let me know if you were eligible for Interview waiver program with Consular filing.