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Immigration Issues/New H1B stamp in Matamoras, mexico

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Question
Hi,

I am on H4 visa and my H1B visa is approved with the start date October 1st.

I am planning to take an appointment at the Mexican consulate in Matamoras in Oct 1st week.

My question is:
- Can I go to Mexico for H1B visa stamp as it is first time visa stamping. Or Do I have to go to home country(India) for H1B stamp
- Can I go for stamping in October even though I will not have my pay stubs.

Thanks

Answer
Hi,

As you are a third country national (TCN) and do not already have H1B visa stamp in your passport (even if expired), you cannot apply in Mexico. The following excerpt from the U.S. Consulate in Matamoros is helpful:

Who Cannot Apply in Mexico:

   Third Country Nationals (TCNs) who are not residents of Mexico and are applying for B1/B2 Visas (business/pleasure) or H2 Visas (temporary workers), even if they are renewing their visa.
   Applicants who entered the U.S with one visa category and are seeking to return to the U.S. with a different visa category.
   Applicants that have not fulfilled the requirements of their immigration status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; and
   Applicants who entered the U.S. under the Visa Waiver Program.


If you will apply for H1B visa stamp at a U.S. Consulate after you have been in the U.S. in H1B status, you will be expected to carry recent pay stubs issued by the H1B employer.

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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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