Second H1B stamping Tijuana stamping question - Please Help

[Qques]

Hello, 

            I got my first stamping done in Vancouver and going for my second stamping, this time with a different employer in Mexico.

 

I read a clause in the Tijuana US embassy website as follows:

 

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

 

I am not sure what this means and wanted ask your help.

 

Please Advise.

 

Thanks.

 

 

[ad2010]

I think you can apply in any consulate in Mexico.

 

http://merida.usconsulate.gov/thirdcountrynationals.html

 

 

I think that they didnt update their website. Best way to confirm is to email them at:

 

Non-Immigrant visa inquiries: TijuanaInfo@state.gov

[hmaster]

Legal residence is the place where you legally reside such as your country of birth, country where you are a PR or GC or where you have been living for a period of over 6 months on a temporary resident visa or immigrant visa. 

 

If you are just visiting a country and don't have an permanent address there, it would not qualify as your place of legal residence. 

[Qques]

Legal residence is the place where you legally reside such as your country of birth, country where you are a PR or GC or where you have been living for a period of over 6 months on a temporary resident visa or immigrant visa. 

 

If you are just visiting a country and don't have an permanent address there, it would not qualify as your place of legal residence. hmaste

hmaster,

               Thank you so much for the clarification.

Does this mean that i am eligible to apply for Second H1B visa stamping from what has been mentioned in the Tijuana Embassy website below, since i have been living in the US for a few years now.

 

http://tijuana.usconsulate.gov/mobile/who_can_apply_visa.html

 

Point 6 below is what i needed clarification on as to eligibility to apply for Second H1B stamping (Renewal) in Tijuana, Mexico.

Who Cannot Apply in Mexico:

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

2. 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.  .

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

4. 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.

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

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

 

Please Advise.

 

Thanks.

[thunabathuku]

@qques  please email your question to Tijuanainfo@state.gov. I have the same scenario as yours and emailed them. They responding saying am eligible to apply for an interview in consulate in Tijuana. I would advise you to email the address I have provided just to make sure you get a reply from an authorized person.

[hmaster]

Answers to your question: 

Points 1-5 hopefully don't apply to you but...

 

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

...Now you did get your visa from a third country (CAN), where you aren't/weren't a legal resident of. If you were going to the same country you should have been perfectly fine, but as you would be visiting yet another country for your visa extension, it falls under this clause.

 

However, if you get an email from Mexico consulate saying you can go, then you can go. Just carry it as a proof. But make sure you tell them that you got your first stamp from Canada.  No need to explain (or point out) the rules, let them do about that.

[samdev]

Hello Qques, I am kind of in the same situation and my first stamping was done in germany in 2005 and extension stamping was done in Tijuana 2009.Planning for one more stamping in Tijuana in August.

Just interested to know what response you got from consulate?

@hmaster: In my case, as I had stayed in Germany for more than 2yrs as part of masters degree, does this clause apply to me:

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

 

Thanks for your reply.