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Immigration Issues/H1B visa stamping in Mexico

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QUESTION: Hello Sir,

I am one of the physician practicing in Harlingen Texas, USA. I would need some important clarification about my H1B visa stamping.

I am presently in B1 visa and would be getting my new H1B visa approved on Oct 1. I was under H1B visa from June 2008-June 2011 and I had to apply for B1 visa as my H1 expired. Now that I am under B1 and will be getting a new H1 under a new employer, Would I be eligible to get my H1 stamping at Metamoros? I am thinking of booking a visa interview date somewhere in November 2011.. My previous H1B stamping was in my home country India.

I researched a lot but I remain confused if I am eligible for H1 stamping in Mexico. It would really help if you could shed some light and help me make the right decision.

I am choosing Mexico for my H1 stamping because it is very near to me, convenient and It would also help to keep continuity of medical care for my sick patients at the hospital by avoiding long term vacation if I happen to go to India. But either way, I would abide by the decisions of the US consular services.

Thanks for help in advance.

Nataraj

ANSWER: Hi,

Yes, you can apply at the U.S. Consulate in Matamaros since you previously had H1B visa stamp in passport, even though it has expired and it was issued in another country through another H1B employer.

---------- FOLLOW-UP ----------

QUESTION: That was the quickest answer I got.. Thanks very much sir.

Would it be considered a new Visa H1 application or would it be considered a renewal?My lawyer advised against going to mexico but I really want to save time and make it more easier. All my friends said it can be done.

Is there a difference if I choose Matamoros or Tijuana?
How much time should I give if I am going to stay In mexico?

Answer
You will be applying for renewal of H1B visa stamp. If for some reason the Consulate does not issue the visa stamp, you will need to return directly to your home country and obtain H1B visa stamp and then enter the U.S.

We are not privy to how long it will take for visa stamping, or which Consulate has the highest success ratio.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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