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H1b Renewal - Visa Stamping in Border Consulate (Canada/Mexico)

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  • H1b Renewal - Visa Stamping in Border Consulate (Canada/Mexico)

    Hi forum members, hope you can help me with my question. I'm a full-time employee at a large firm with approved H1b petition.

    I switched employers earlier this year and the new employer applied for H1b transfer as soon as I signed offer letter and I had the initial receipt notice by start date of my employment. USCIS took a really long time to send me the final approved I-797 (took 3.5 months) and it went beyond my former H1b expiration date (September 30 2010).
    ---Does this make me out of status, even though I have been legally gainfully employed the whole time?

    I'm now thinking of getting my H1b stamping done in Mexico or Canada since I don't have enough vacation time to go to my home country. Is this possible for me given that my current H1b visa has expired? My company has a big packet of documents for me pre-prepared so I think I should be fine... with that. Only concerned if they give me one of this 221g slips and ask me to stay longer or go to my home country. Pretty sure that could impact my employment.

    Anybody have any advice on this?

  • #2
    Hi forum members, hope you can help me with my question. I'm a full-time employee at a large firm with approved H1b petition.

    I switched employers earlier this year and the new employer applied for H1b transfer as soon as I signed offer letter and I had the initial receipt notice by start date of my employment. USCIS took a really long time to send me the final approved I-797 (took 3.5 months) and it went beyond my former H1b expiration date (September 30 2010).
    ---Does this make me out of status, even though I have been legally gainfully employed the whole time?
    >>> No. You are good since the transfer got approved (Make sure the transfer came with a new I-94).

    I'm now thinking of getting my H1b stamping done in Mexico or Canada since I don't have enough vacation time to go to my home country. Is this possible for me given that my current H1b visa has expired? My company has a big packet of documents for me pre-prepared so I think I should be fine... with that. Only concerned if they give me one of this 221g slips and ask me to stay longer or go to my home country. Pretty sure that could impact my employment.
    >>> You can go to Mexico provided your previous visa in the passport is also H1B. You can also go to Canada. Check this.
    https://www.immihelp.com/usa-visas/v...gcanadamexico/
    Not a legal advice. Use of this information is strictly at your own risk.

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