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H1 stamping - Queries

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  • H1 stamping - Queries

    Hi,

    I am on L2 Visa and working on my EAD for the last 1.5 yrs. I got my H1 approved in Oct 2007. As I needed to visit India in Oct 2007 on an emergency purpose, I came back to US on L2 itself

    Now, I would like to get my H1 stamped in Mexico. I have the following queries in mind. It would be really helpful if you could clarify my queries

    1. I am having all the supporting documents on L2 basis only as I never worked on H1 (like pay stub, employee letter, W2 etc). Is that be OK?

    2. Do I have to show my EAD card when I go for my H1 stamping? We noticed very recently that my first name and last name are swapped and Printed in the EAD card. As we don't the correct format earlier, we didn't find this out.
    Will there be any problem if we show this EAD card while going for H1 stamping? We are planning to apply for a new card but then looks like it will take at least 2 more months and by then the time comes of renewal of the card.

    3. In a worst case, if my H1 gets rejected, can I come back to US on L2 visa and file for an amendment on my H1?

    4. Or once H1 is rejected, I can never apply for any amendment or new H1 next year?

    Please guide me on this.

    Thank you so much for your time and help.

  • #2
    1. You need the H1b supporting docs from your H1b employer. Paystubs etc come into picture if you are on H1b. You can carry L2 and L1 stuff otherwise to show valid status.
    2. Immaterial in this context.
    3. You can enter on L2 provided the visa is valid.
    4. Depends on the cause of rejection. If consulate returns the petition to USCIS, then you need a new cap number.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you very much for your reply.

      I have 2 more queries.

      1. I have completed all my education in India (MBA). But I have the education evaluation details done here. Am I eligible or allowed to get my H1 stamped at Mexico?

      2. I am on L2, Am I allowed to get my H1 stamping at Mexico

      3. Should I have to go to India to get my stamping considering the above 2 reasons? Please let me know

      Thanks again for your help and time

      Comment


      • #4
        There is nothing like allowing one to get a visa stamp in a third country. In general, if you don't have a US degree, there is an associated risk. Many people go and get the visa stamp successfully.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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