First Time H1B Stamping Canada/Mexico

[sweetchilli]

Hi,

I came to the US on B1 tourist visa in July 2011 and switched to H1B in Nov 2011. I have maintained H1 status but never left the country for stamping coz of fear of rejection!

 

I now hear on these forums that people can get first time stamping in Canada/Mexico. 

 

Since this is my first stamping and the fact that I was on B1 should I consider Canada or Mexico for my stamping? Is Ottawa, Canada better than Mexico?

 

Is this something a lawyer (like Murthy) would have an answer to? Because when I asked my lawyer she couldn't give me a sure answer. 

 

Any response will be greatly appreciated. Thank you :) 

 

 

[JoeF]

You have it wrong. First-time stamping after a COS is not possible in Canada or Mexico.

Go to your home country for stamping.

[ad2010]

Not sure about Canada.

 

You are not eligible for visa stamping in Mexico. Mexico only allows renewal in the same category.

[victory4469]

For 1st time stamping you can not go for Mexico.

[sweetchilli]

You have it wrong. First-time stamping after a COS is not possible in Canada or Mexico.

Go to your home country for stamping.

 

Hi Joe....Thanks for your reply. Can I know where you get this info from? I get very conflicting info from lawyers and people in general...I really don't know what to do. I'm worried India will be hard to get approval. 

[JoeF]

It is on the website of the US Consulate in Mexico:

http://mexico.usembassy.gov/visas/non-immigrant-visas/who-can-apply.html

"Third Country Nationals* residing in the United States may apply to renew a visa in any category except B1/B2 or H2.  NOTE – The applicant must apply to renew in the same visa category and cannot apply in a different category."

[KumarKP]

If it is feasible, better to have it at home country as it is always preferable having at home country.

 

Mexico:

You cannot go to Mexico for first time H1B visa stamping or any kind of Change of Status. You can only go to Mexico for renewals only. You may refer to the following link for additional details:

http://mexico.usembassy.gov/visas/non-immigrant-visas/who-can-apply.html

 

Canada:

Like in US Embassy Mexico website, there is no rule in US Embassy Canada website. However Canada website says the following:

• Consular officers in Canada may refuse to issue a visa to first-time H1B applicants if the applicant's education and/or work experience is solely or predominantly from a country other than the United States or Canada. In the absence of U.S. or Canadian education or work experience, we strongly encourage you to apply from your country of residence.

 

You may refer to the following link for additional details:

http://canada.usembassy.gov/visas/visas/categories-and-requirements/temporary-worker-distinguished-merit-other-than-nurses.html

[F1struggle]

You can certainly go to canada. México does not accept first time application in a new category