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  • H1b stamping

    I came to US on H4 in 2009 Jan.
    Then i applied for extension and got the new I-94 with the approval notice.
    I got a H1b in 2008 but never went for stamping on it.
    Now i want to go to Mexico and get the stamping on H1b.
    Am i eligible for H1b stamping in mexico?
    If i my H1b gets denied, does my H4 will be still valid?Can i apply for H4 stamping in mexico and reenter in US?

  • #2
    Am i eligible for H1b stamping in mexico?
    >>> Advisbale to do the first time H1B stamping at the home country.Check this
    https://www.immihelp.com/usa-visas/v...gcanadamexico/


    If i my H1b gets denied, does my H4 will be still valid?
    >>> Usually, your H4 will be left valid ifthe H1B gets denied. However, it depends on the VO. Sometimes, they may cancel the H4 visa if they find any irregulations.

    Can i apply for H4 stamping in mexico and reenter in US?
    >>> Yes. In case you get a 221g, you should be prepared to stay a little longer than expected.

    Note:
    You don't need the H1B visa stamped to work in H1B status (Visa is just an entry document). You can ask your employer to file a COS from H4 to H1B and when that gets approved, you can work.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Am i eligible for H1b stamping in mexico?
      >>> Advisbale to do the first time H1B stamping at the home country.Check this
      https://www.immihelp.com/usa-visas/v...gcanadamexico/


      If i my H1b gets denied, does my H4 will be still valid?
      >>> Usually, your H4 will be left valid ifthe H1B gets denied. However, it depends on the VO. Sometimes, they may cancel the H4 visa if they find any irregulations.

      Can i apply for H4 stamping in mexico and reenter in US?
      >>> Yes. In case you get a 221g, you should be prepared to stay a little longer than expected.

      Note:
      You don't need the H1B visa stamped to work in H1B status (Visa is just an entry document). You can ask your employer to file a COS from H4 to H1B and when that gets approved, you can work.
      This is not my first time H1B stamping.
      I had H1b stamping earlier in 2004 with a different employer in my home country and it has expired.I never worked on that visa.
      Now this is a new petetion.
      So still am i eligible.

      Comment


      • #4
        It is not advisable to do so. Did you check the link that I provided in my previous reply? Under the "Eligibility" section it clearly states the below

        "If you are changing from any non-F1 (i.e, B1, H4, J1) to H1 status, you should consult an immigration atorney before going to Mexico for visa stamping".



        Originally posted by kvr View Post
        This is not my first time H1B stamping.
        I had H1b stamping earlier in 2004 with a different employer in my home country and it has expired.I never worked on that visa.
        Now this is a new petetion.
        So still am i eligible.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          It is not advisable to do so. Did you check the link that I provided in my previous reply? Under the "Eligibility" section it clearly states the below

          "If you are changing from any non-F1 (i.e, B1, H4, J1) to H1 status, you should consult an immigration atorney before going to Mexico for visa stamping".
          If i go for COS , then is it must to present a client letter?

          Comment


          • #6
            If your employer is a consultancy company, then it is a must. Otherwise you might receive an RFE. It is required for the visa stamping as well.

            Originally posted by kvr View Post
            If i go for COS , then is it must to present a client letter?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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