H4 to H1B visa stamping, Mexico

[samiksha82]

Hi,

I am currently in the US on H4 visa. I already have an H1B approved. IMy H1B was approved before I got my H4 visa. The consultant misplaced the documents and hence I had to come to the US on a H4 visa. Now I want to get my H1B stamped. Can I get it done at Matamoros, Mexico? Can I return back to the US on the H4 visa, in case my H1B does not get stamped? Any response is much appreciated.

Thanks
Samiksha

[shervin143]

I am currently in the US on H4 visa. I already have an H1B approved. IMy H1B was approved before I got my H4 visa. The consultant misplaced the documents and hence I had to come to the US on a H4 visa. Now I want to get my H1B stamped. Can I get it done at Matamoros, Mexico?
>>> No. It is not advisable to go to Mexico if you haven't entered U.S H1B visa and if you are not in H1B status now. Check the below link.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

Can I return back to the US on the H4 visa, in case my H1B does not get stamped?
>>> That depends on whether your H4 visa gets cancelled when you go for H1B stamping. If H1B is rejected and H4 still remains valid (assuming it is not cancelled by the VO), then you can enter in H4 visa.

[samiksha82]

Thanks for the response Shervin.
Actually my consultant adviced me to get it stamped from Mexico, but I wasnt really sure about it.
Can you suggest what can be done in my case. How and where can I get my approved H1B stamped?

Thanks a lot.
Samiksha

[samiksha82]

>>> That depends on whether your H4 visa gets cancelled when you go for H1B stamping. If H1B is rejected and H4 still remains valid (assuming it is not cancelled by the VO), then you can enter in H4 visa.

Also what is VO?

[shervin143]

You can try Canada or your home country. The employer can also file a COS from H4 to H1B and when that gets approved, you can start working without the need for a H1B visa stamping, as the COS will come with a new I-94. The only problem is that the COS might take anywhere between 3-5 months. There is a premium process available which will get you the result within 15 days (Additional $1000).

Thanks for the response Shervin.
Actually my consultant adviced me to get it stamped from Mexico, but I wasnt really sure about it.
Can you suggest what can be done in my case. How and where can I get my approved H1B stamped?

Thanks a lot.
Samiksha