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Immigration Issues/H1-B stamping issue when currently on H4


I got my h4 in march 07 and applied for h1-b from india in April 07. I then came to US using my H4 and now got my H1-B approved.I was under the impression that stamping was not neccesary for my case. But now, my employer is asking me travel back to india and get it stamped. Can i go to Mexico and get my H1-b stamped or should i go back to India only?

ANSWER: Rathipriya,
You could go to Mexico or Canada to get your H visa stamped.

Now that you are here in the US and you do not want to leave the US, I would suggest that you have your employer amend the petition to change your status from H4 to H1.   
Good luck,
Mark Ashley

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

QUESTION: Thanks a  lot Mark, just one more doubt. I have an i797 b and my consulate is specified explicitly as chennai(India). is it ok even then?

Based upon the new information that you have provided, I must say that usually third country stamping is appropriate for stamping if it is a change in status or a renewal of status.  In your case it is neither.  I would advise that you change in India.  If you would like to check for sure, you should call or email the  US consulate in Mexico or Canada to check to see if you are eligible for this type of processing.
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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