H1B Visa Stamping in Mexico - went from h1b-h4-h1b.

[K Yadav]

Hi there, 
I was considering coming to Mexico for visa stamping but have sort of an edge case.

Background:
I have an approved I140 and this is not my first time stamping.

Here is my situation:

I was on H1b for for my company that H1b was expiring April26th

My company applied for extension but the first extension got denied because of some mistake in the position made by the lawyers

This denial came close to April 26th. So to be safe, (before April 26th) we applied for H4 and the lawyers also refiled H1b. And Incontinued working on the receipt past April 26

Now since we had applied for H1b(not premium processing) and H4, the H4 got approved first and I stopped working on the same day. And my company then filed for premium processing for H1b which got approved in 2 weeks, after which I resumed work.

Now I wanted to understand if given that I went from H1b to H4(for ~2 weeks) and then back to H1b (same company) can I go to mexico for stamping?

[Tjgarla]

Clearly looks you had change of Status. to my knowledge you cant go to Mexico for Stamping. 

[shekar11#]

On 8/1/2018 at 1:55 PM, K Yadav said:

Hi there, 
I was considering coming to Mexico for visa stamping but have sort of an edge case.

Background:
I have an approved I140 and this is not my first time stamping.

Here is my situation:

I was on H1b for for my company that H1b was expiring April26th

My company applied for extension but the first extension got denied because of some mistake in the position made by the lawyers

This denial came close to April 26th. So to be safe, (before April 26th) we applied for H4 and the lawyers also refiled H1b. And Incontinued working on the receipt past April 26

Now since we had applied for H1b(not premium processing) and H4, the H4 got approved first and I stopped working on the same day. And my company then filed for premium processing for H1b which got approved in 2 weeks, after which I resumed work.

Now I wanted to understand if given that I went from H1b to H4(for ~2 weeks) and then back to H1b (same company) can I go to mexico for stamping?

Tricky. You need to find out from US Consulate in Mexico.

[02112018]

I do not understand why TJgarla is saying you can't go to mexico for stamping.

K Yadav : can go for stamping in mexico, canada, india where ever you want to.

But to be safe : Home country is best option always, in case if candidate get 221G for some reason, not sure in current situation how many months it will take to clear, if candidate is in india can relax @ home if hanging in mexico/canada on 221G have to face issues to stay and go around.

I would go to HOME COUNTRY for 1st time / extension stamping 

[JoeF]

6 hours ago, 02112018 said:

I do not understand why TJgarla is saying you can't go to mexico for stamping.

K Yadav : can go for stamping in mexico, canada, india where ever you want to.

But to be safe : Home country is best option always, in case if candidate get 221G for some reason, not sure in current situation how many months it will take to clear, if candidate is in india can relax @ home if hanging in mexico/canada on 221G have to face issues to stay and go around.

I would go to HOME COUNTRY for 1st time / extension stamping 

The US Consulate in Mexico does not do H1 stamping if it is a change of status, like in this case. This is well known, and also on their website.

[venkatramrm@gmail.com]

Technically H1B & H4 are considered as same H visa category.

so H1B to H4 or H4 to H1B stamping is possible in Mexico.

I have an email conversation with US Consulate at Mexico, same applies for L1 to L2 or F1 to F2. 

F1 to H1B or L1 to H1B is considered as change of status. (which is not possible in Mexico)

Please contact me if you need any further info, help. Good Luck !!!

Below is 1 guy recent visa interview, 

☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆

H1B to H4- Change of status at Matamoros, Mexico

Attended visa interview on July 23, 24 2018

☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆
Below questions were asked by the consular officer.

Objective: Convert to H4 after H1B extension denial

Consular Officer: why are u converting from H1 to H4.
Me: My work permit extension got denied and I am currently out of status because my I94 expired.
Hence, I am here for H4 stamping to have a valid status and to join back my family in the USA.

Consular Officer: Are you going to work in US?
Me: No, Since I am not eligible to work on H4.

Consular Officer: Ok, Visa granted, come back and pick up the passport at 2:30 PM.

[venkatramrm@gmail.com]

@K Yadav : Please check my answer above. Good Luck !!!