Change from H1B to O-1 residing in US - can I get visa stamp in Mexico?

[pianokeys]

Dear friends, i need help. I get all sorts of mixed information from everywhere.

I am residing in US, have been on H1B, and now (while in US) changed to O-1. Got approved. I want to travel, and I need new visa stamp. My lawyer says I can't go to Mexico, as a 3rd country national, I have to do it through Canada.

Since I have to go to Mexico with performance, I technically could schedule the appointment, which I did. But after I paid $190, my lawyer sent me this message, saying I can't do it.

Help!!!

Thank you in advance!

[O1VisaLawyer]

Getting Visa Stamp Outside the US

Hi! So if I am understanding this right, you are one of the O-1 Visa recipients who applied while in country, and therefore did not get your "O-1 Visa stamp". If you apply outside of the country, you will need one to get in. However, if you switch from another status, without leaving the country, you will be able continue working without the "visa stamp". However, if you leave the country during the duration of your visa status, and want to come back in, you will need to have your visa stamped.

This is actually exactly what happened to Daniel Radcliffe, the actor who plays Harry Potter. He transferred status while in America, went to Canada, and got stopped at the border. He had to get a visa stamp in Canada. He is English.

So the answer to your question is yes, you can get a visa stamp at any US embassy outside the US, it does not have to be in your home country. So here, you could get one in Mexico.
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O-1 Visa Attorney at http://gouers.com

[pianokeys]

Hi! So if I am understanding this right, you are one of the O-1 Visa recipients who applied while in country, and therefore did not get your "O-1 Visa stamp". If you apply outside of the country, you will need one to get in. However, if you switch from another status, without leaving the country, you will be able continue working without the "visa stamp". However, if you leave the country during the duration of your visa status, and want to come back in, you will need to have your visa stamped.

This is actually exactly what happened to Daniel Radcliffe, the actor who plays Harry Potter. He transferred status while in America, went to Canada, and got stopped at the border. He had to get a visa stamp in Canada. He is English.

So the answer to your question is yes, you can get a visa stamp at any US embassy outside the US, it does not have to be in your home country. So here, you could get one in Mexico.
_______________________________

O-1 Visa Attorney at http://gouers.com

Thank you for your reply!
Yes, I changed from H1B, got approved, and now I am here on O-1, haven't been out of the country yet. I only need stamp to travel around. I posted another question a minute ago about automatic visa revalidation for contiguous territories. I wonder why Daniel hasn't used it.

[broutilde]

You can get your stamp in Mexico, even though it's more recommended to do it in Canada.
As I was in San Francisco, my lawyer advised me to get it stamped in Vancouver instead of Mexico, because it would look less "suspicious" to the US immigration at the border (I guess it's because there are more problems with illegal immigrants in Mexico than Vancouver, who knows...).
But no law forbids you to do it in Mexico, I'm pretty sure about that.