H1 and H4 Extension Mexico

[B_mt]

I have I140 approved and on extension. My last stamping H1 was in India Jul 2014. My son H4 Stamping was on Jul 2016 in India.

I have approval till Sep 21 and My son has approval till sep 20.

Can we both go to Mexico for H1 and H4 extension?  

**FYI,  Since my son would turn into 21(age) on Sep 20, he will go for F1 visa stamping later May be Jun in Canada. Currently under process of Getting I20 from University. My wife has H4 stamped in India last year.

1. Is it good to go to Mexico for H4 stamping (Approval and I94 valid till Sep 20) and my H1 extension stamping(Approval and I94 valid till Sep 21)?

2. Once I20 is received, is it good to go to Canada for F1 stamping (From H4) after stamping from Mexico?

 

Thanks,

BMT

[amruthaa]

I dont know the answer to you question about H1 & H4 extension stamping but can you apply for COS from H4 to F1 for your son without going for stamping? I would not risk stamping unless it is absolutely necessary and take the less riskier route of COS.

[User099]

Yes, you and your Son can go to Mexico for H1 and H4 stamping.

H4 to F1 , he will have to go to Canada or home country.

[gopalakrishnach]

Yes H1B and H4 can go to Mexico for stamping.

[venkatramrm@gmail.com]

On 3/4/2020 at 10:30 AM, User099 said:

Yes, you and your Son can go to Mexico for H1 and H4 stamping.

H4 to F1 , he will have to go to Canada or home country.

@B_mt

+1  ; same answer to this question

Additional Info for you  @B_mt is :

H4(dependents) always gets stamped based on primary candidates I-797A validity,

H4 (Your son) will get stamped usually until your H1B- I797A validity.

Though H4 extension(I-539) got approved through USCIS, it won't be used anywhere during stamping process.

Hope this clarifies your doubt.

Edited March 13, 2020 by venkatramrm@gmail.com
Update

[MurthyIndia_Lawyer]

Hi!

In general, it should be okay for you to apply for your H1B visa at a U.S. consular post in Canada. As for the H4, if one already has an approved I-797 with I-94 valid until September 2020, then there is no necessity to obtain a H4 visa. Also, once the I-20 is received, one may opt for a change of status to F1 status. In general, applying for the first F1 from the home country is advisable. Having parents in the U.S. may make it difficult to overcome the presumption of immigrant intent under Sec. 214(b) of the Immigration and Nationality Act. It is best that you consult with an experienced U.S. immigration attorney prior to making a decision. Should you need help, you may reach one of the attorneys at the Murthy Law Firm in the U.S. (https://www.murthy.com/contact-us/) to explore the options.