Hello Everybody,
Please read my case carefully and I hope someone will get back to me
with helpful tips.
Thanks
Prasad
Current date : DEC 2001
My H1B Visa was expired on 15th July. I applied for extension
of visa on 13th of July. Due to this action I was in status.
But I was laid off on 30th of July. So I never got my papers
for the extension of Visa, due to small time frame. Also my I-94
on my Passport shows the date of valid stay till 15th July 2001.
To be in status I applied for Visitor\'s visa(B2) on 13th August 2001.
This puts me in out of status for 13 days, from 30th July to 2001
13th August 2001.
Now, since I am getting a new job I got a new H1B visa paper
i.e. Form I-797B. I still need to get my visa stamped to work
in US legally. I could have gone to Mexico to get my Visa stamped.
But according to rules, since I was out of status for 13 days,
I have to go to my home country to get visa stamping.
I still want to try going to mexico since its convenient. My
lawyer also suggested trying Mexico instead of India". My
concern is, I may not get visa stamping in Mexico, because
I was out of status(for 13 days). Then I cannot enter US because
my I-94 on my passport has a expired date (15th July 2001). In this
case I will have to leave to India from Mexico, which is highly
inconvenient, since I will not be having tickets, funding,
and my belongings; which are in US.
NOTE: This is not H1B to H1B transfer case. It\'s B2(visitor\'s visa)
to H1B transfer, also I was out of status, and my I-94
card shows valid stay until 15th july 2001(it\'s DEC 2001 now).
Main question: What are the chances of my Papers not getting stamped
at Mexico border post ? I have Form I-797B(Rev 09/07/93)N. Also I
have copy of Form I-129
Please read my case carefully and I hope someone will get back to me
with helpful tips.
Thanks
Prasad
Current date : DEC 2001
My H1B Visa was expired on 15th July. I applied for extension
of visa on 13th of July. Due to this action I was in status.
But I was laid off on 30th of July. So I never got my papers
for the extension of Visa, due to small time frame. Also my I-94
on my Passport shows the date of valid stay till 15th July 2001.
To be in status I applied for Visitor\'s visa(B2) on 13th August 2001.
This puts me in out of status for 13 days, from 30th July to 2001
13th August 2001.
Now, since I am getting a new job I got a new H1B visa paper
i.e. Form I-797B. I still need to get my visa stamped to work
in US legally. I could have gone to Mexico to get my Visa stamped.
But according to rules, since I was out of status for 13 days,
I have to go to my home country to get visa stamping.
I still want to try going to mexico since its convenient. My
lawyer also suggested trying Mexico instead of India". My
concern is, I may not get visa stamping in Mexico, because
I was out of status(for 13 days). Then I cannot enter US because
my I-94 on my passport has a expired date (15th July 2001). In this
case I will have to leave to India from Mexico, which is highly
inconvenient, since I will not be having tickets, funding,
and my belongings; which are in US.
NOTE: This is not H1B to H1B transfer case. It\'s B2(visitor\'s visa)
to H1B transfer, also I was out of status, and my I-94
card shows valid stay until 15th july 2001(it\'s DEC 2001 now).
Main question: What are the chances of my Papers not getting stamped
at Mexico border post ? I have Form I-797B(Rev 09/07/93)N. Also I
have copy of Form I-129