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H1 stamping in Mexico

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  • H1 stamping in Mexico

    Re-posting. Please share you experiences!
    On this site, under the Visa stamping in Mexico section, it is mentioned that if you are changing from a non-F1 visa (B1, H4 etc .. I assume L2 falls in this category also), then speak to an attorney before going to Mexico for the H1 visa stamping.

    Has any been in this situation recently? Can I travel to Mexico and get a visa stamping without any issues? Are there any chances of rejection due to this situation?

    Also, I do not have a MS degree from US. My education has only been in India. I have heard that verification of the education may be an issue in other countries such as Canada and Mexico. Has anyone been in such a situation and not faced any issues?

    Please share you opinion / experiences.

    Thanks!

  • #2
    I was searching for similar post. So far I found one post in another forum

    Surprisingly, its been answered by txh1b and few others. However, I suggest you to wait for seniors to answer if they could.

    1. Is L2 EAD to H1 change of status possible? If so can we initiate it immediately?
    Yes. It doesn't matter whether your wife has EAD or not, the CoS is from L2 to H1. There is no status called as L2 EAD.
    You could have done so while filing the new H1B.

    2. There is pending application for her EAD extension (I539). Can we apply for COS (from L2 to H1B, another I539 I believe) while the application for extension of L2 EAD is pending?
    Why are you filing 539? This is for extension of Status. Aren't you suppose to file 765 to get a new EAD?

    3. If we have to travel to neighboring countries to get her H1 stamped, will the pending I539 affect in any way?
    Yes. It might be considered abandoment if you leave the country before it is approved.

    4. We are planning her H1 stamping from countries other than India (our home country) since we heard that MBA graduates have higher chances of H1B rejections in India. Can anyone corroborate this point?
    Invalid Point. Consulates / Embassies DO NOT disqualify a candidate based on educational qualification or background. Each individual is judged case by case AND is only denied if he / she is considered as a potential immigrant.
    It is always best to get stamping done in your native country.

    5. Finally, after her H1 is stamped, how long would it be valid?
    Duration of the validity of the petition. Even if the STAMP is valid till say Sept 2010, it will automatically becomes in valid if the petition is revoked or cancelled.
    Last edited by itzprams; 06-25-2008, 12:44 PM.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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