Out of Status for a while, H1B Stamping in Mexico


damurali

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Current Status:

I accepted a full time job in Oct 2008. H1 got approved for 3 years till Oct 2011.

After 7 months in May 15, 2009 I got lay off from this full time job.

They gave 2 months time to transer my H1 and submitted for cancellation after July 15th 2009.

But, got project in Aug 18th and applied for H1 trasfer in Premium processing.

I got a RFE and asked to submit Paystubs for no job period.

As I failed to submit paystatements during that period, my h1 got approved but, I-94 not provided.

So, went mexico and revisit US with new I94. I did not go for stamping as I have a valid stamping at that time.

My current H1 extended till Second week of May 2012.

Questions:

July 15, 2009 my H1 cancellation submitted and applied for h1 transfer in 18th Aug 2009. Does this consider as out of status?

I heard we need to go for stamping to only to home country in case of out of status. It that applies to me?

I have to go to India in January 2012. Is it safe to go for stamping in India?

OR

Can I go to Mexico for statmping instead of home country (India)?

Thanks,

Anand.

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