H1B I797b approval without I94 : can I go to Mexico for stamping.

[nishatreasa]

Hello All,

I was on H4, applied for H1B and I received my H1B I797b approval last year and did not have my I94. I noticed when I received my papers that my employer had not ticked the change of status check box in I129. I feel that caused the USCIS not to send me the I797A with I94. I was in U.S.A when my H1 processing was going on. Now my employer says I need to go to Mexico to get my visa stamped and reenter U.S to get my I94. But I read in one of the discussion forms that we can't go to Mexico consulate for stamping with I797b but will have to go to the home country itself. Is this true. If anyone out there has any information on this, please share it with me.
Thanks in advance.
Treasa

[txh1b]

Not true. If you have never been out of status and are ready to accept the risk of being directed to your home country if you don't have a US degree, you will be fine. Many people get a stamp without a problem.