HELP:Is it a risk for me to go to Mexico for H-1b stamping

[siva2006]

For family reason, I am planing to go to Matamaros,Mexico for H-1b stamping. But got a couple of questions. All answer are highly appreciated.

1) I came to US in 2006 with J2, worked with EAD and got H-1b this April. Will this create a issue?

2) My old I94 expired Aug 31,2008, and new H-1b got effected in Oct 1st, 2008. I did not leave the states. Will this gap be considered as out of status?

3) I hold a bachelor degree and do not have any degree in the US. Should this be a risk for me?

Thanks.

[C4us]

You have too many issues to try for stamping in Mexico. Go to your home country or be prepared to travel there directly from Mexico without returning to the US.

[siva2006]

You have too many issues to try for stamping in Mexico. Go to your home country or be prepared to travel there directly from Mexico without returning to the US.

Thanks C4us,
But is there any way to fix it? I will bring the evaluation for my bachelor degree, is this still a problem?
Further more, I am currently working on a project in South America, do this help keeping me on the good side?
Thanks.

[C4us]

Some educational evaluations aren't worth the paper they are printed on. Whether yours will be accepted is anyones guess.

[siva2006]

Some educational evaluations aren't worth the paper they are printed on. Whether yours will be accepted is anyones guess.

Thanks,
By the way, Is this forum the best place I can find stamping experience in Mexico?

[txh1b]

2) My old I94 expired Aug 31,2008, and new H-1b got effected in Oct 1st, 2008. I did leave the states. Will this gap be considered as out of status?

You did NOT leave the US as per your PM during the gap period. That means, you were illegally present and violated the visa terms. This has to be mentioned in the DS156 form and that means your risk is very high of a rejection.

You were not out of status during the period but illegally present.

[siva2006]

Thanks txh1b
I brought your suggestion to attorney, and got the response below:

No, that is not the case. As a J visa holder, you are authorized for the duration of the program (here, 8/31/08), plus 30 days, which takes you to 9/31/08. Your H-1B took effect the following day, 10/1/08, so you are fine and you do not have any period of unauthorized stay. Nothing to worry about.

Can I take it serious? Thanks again.

You did NOT leave the US as per your PM during the gap period. That means, you were illegally present and violated the visa terms. This has to be mentioned in the DS156 form and that means your risk is very high of a rejection.

You were not out of status during the period but illegally present.