H-1 and H-4 visa stamping allowed in Canada or Mexico ?


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Hi,

My current H-1B and my wife's H-4 visa is going to expire in August 2020. My company is going to apply for visa extensions soon. This will be our second visa extension. We have attended our prior 2 visa interviews in India, our country of origin. I have the following questions regarding my wife's H-4 visa application.

 

  1. Given the delays with H-4 extensions through I-539, does it make sense for my wife to get the visa extended through consular processing once my H-1B is approved? Her visa application will go to the California processing center so it is expected that she won't get approval before August 2020.
  2. Due to health reasons, she can't travel a long distance. So we were thinking to go to Canada or Mexico for H-1B and H-4 visa stamping. Can we go to these countries for visa stamping when previous visa extensions were done in India?
  3. Do we need a visa to travel to Canada or Mexico for the purpose of US visa stamping?
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1. Yes. It is a good idea. This way, the H4 visa stamping will be done in way less time vs if you apply for H4 extension in US itself. You being principal applicant, can take advantage of Automatic Revalidation Provision (ARP) and will not need a visa to re-enter US. Infant can re-enter on valid I-94. Unless you have appeared for an interview at US consulate either in Canada or Mexico, then APR will not be applicable and MUST re-enter US based on the outcome of the visa interview.

2. Yes

3. Yes. 

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1. If you don't have any other travel plans, why do you want to go for visa interview for H4. Just file I539 and waiting for the decision makes sense to me. She can stay on H4 receipt legally.

2. You can go to Canada or Mexico.

3. For Canada, yes.

For Mexico, you don't need visitor visa for some consulates. You can get a travel permit at the Mexican border. 

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