H1B Stamping in Tijuana if last visa expired 2 years back


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I got my H1B petition approved recently for a period of 3 yrs from 12/2011 to 12/2014. The last H1B visa stamped on my passport was valid till 01/2010. As the visa has expired for more than 12 months, will I be able to stamp my new visa from Tijuana, Mexico US consulate? As per the instructions on US Mexico consulate website, I do not qualify for Visa Renewal criteria.

I am a Indian citizen and last stamping was done in Mumbai, India. I was never out of status.

Just that I did not stamp my previous petition as I did not go out of USA. Now I want to go to India and wants to stamp my latest petition from Mexico (as rejection rate is high in India)....

The consulate website states below which means I can be eligible candidate. (http://tijuana.usconsulate.gov/who_can_apply_visa.html)


Third Country Nationals

In general, non-Mexican Nationals (“third country nationals” – TCNs) who live in the United States and who wish to renew their visas in Mexico may be eligible to do so if they are renewing within the same visa category. However, applicants who fall into one of the categories listed below may not apply in Mexico:

Who Cannot Apply in Mexico:

Third country nationals who are not resident in Mexico and who are applying for a B1/B2 visa (including B1/B2 renewals).

Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category. .

Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.

Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.

Applicants who entered the U.S. under the auspices of the Visa Waiver Program.

Applicants who obtained their current visa in a country other than that of their legal residence.


The appointment website though (http://usvisa-info.com/en-MX/selfservice/us_visa_renewal) states following statement in their renewal criteria which is confusing...

Determine if Eligible for Renewal ==>

The previous visa must be still valid, or expired less than 12 months from the day the application is submitted.

Please advise.

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