L1, L2 to H4 Visa stamping in Mexico or COS

[Sree666]

Dear Members,

Request your advise on the following situation. Kindly help.

I'm on L1 and my wife converted to H1B by COS in USA.

My L1 is valid till June after which I need to leave US.
We were planning to go to India for stamping, but due to recent spike in Covid in India, Visa interviews are getting canceled.

Looking for alternate options.

Mexico for Visa stamping: Get Visa stamping for all in Mexico
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1. Can first-time H1B stamping be done in Mexico?
2. Spouse: Can L1 to H4 first-time stamping be done in Mexico?
3. Kid: Can L2 to H4 first-time stamping be done in Mexico?

Fallback option if stamping can't be done in Mexico
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H1 holder continues to stay in US and apply COS for dependents (Spouse - L1 to H4 and Child - L2 to H4)

4. How long will it take to prepare and apply for H4 COS and get a receipt?

5. If an L1 applies for H4 COS, can he still be on L1 while H4 COS is in process and continue working on L1B?
Or
6. L1 needs to apply for H4 COS only after L1 PED to not affect current job?

7. Based on the H4 - COS receipt, Can the applicant stay back in the USA even if i-94 expires while the H4 COS conversion is in process?
If H4 can continue to stay back then what is the grace period? Is it till COS conversion is complete?

Thank you so much!

[rkk09]

Hi,
Please see my response below.
1. Can first-time H1B stamping be done in Mexico?
2. Spouse: Can L1 to H4 first-time stamping be done in Mexico?
3. Kid: Can L2 to H4 first-time stamping be done in Mexico?
Answer for all of above questions: As per US Embassy& Consulates In Mexico website,

1. Third-Country Nationals* residing in the United States may apply to renew a visa in any category except B1/B2 or H2. NOTE – The applicant must apply to renew in the same visa category and cannot apply in a different category.

4. How long will it take to prepare and apply for H4 COS and get a receipt?
Answer: Preparing change of status petition will not take much days, if you have all the documents.. Even within a week you can prepare petition and ship to USCIS. But, receiving receipt notice may take some days than expected.

5. If an L1 applies for H4 COS, can he still be on L1 while H4 COS is in process and continue working on L1B?
Answer: Yes. But you will need to specifically mention, from which date you are expecting change of status. From that date, you can not work and get paid.

7. Based on the H4 - COS receipt, Can the applicant stay back in the USA even if i-94 expires while the H4 COS conversion is in process?
Answer: Yes.. With the help of receipt notice, she can remain be in USA.

Thanks