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Out of status for 50 days: Tijuana or India

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  • Out of status for 50 days: Tijuana or India

    Multiple but related questions, please bear with me

    Current Status :
    1. Second stamped h1b visa expired 6 months back BUT I-94 is valid till 2018.
    2. Out of job since Christmas week last December ( already 40 days ).
    3. Got an offer from Fortune 10 tech giant with a very decent salary. New employer already started the paperwork ( expect 50 days gap by the time h1b transfer is filed )
    4. Lawyer saying that a new i-94 is not needed at all ( hoping for same though doubtful )

    Question :
    1. Is it possible to get a transfer without a new i-94 ( which in my case means a visa re-stamping), If yes then what do i need to ask my lawyer to do. Any one experienced EOS with such a long gap ? please do let me know
    2. I am in SF. Can i go to Tijuana ? Considering out of status and expired visa. Any risks versus going back to India
    3. If I go back to India , should i expect any curve balls during consular interview due to out of status issue ? Please share your experiences.
    4. If i go to Tijuana, do i need to carry my original degrees / marriage certificate ? They are back in India. I do have colored scans and my wife and I are endorsed on each others passport / previous h4 visa ? Again any curve balls expected ?
    5. Anyone who heard experienced any issue since the Trump EO rumors either at Delhi or Tijuana consulate

    Thanks

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