I have i797 from reputed fintech company and I have received my new passport. can I schedule and attend h1b visa interview in Mexico?I have chosen merida on DS160 but scheduled interview in Mexico city? will it be going to be an issue as Merida not accepting Third Country nationals for H1b? I have h1b expired visa and on valid h4 EAD on my old passport? How long will it take to get my stamped passport in Mexico? will it be advisable to travel now?
This should be asked of an immigration lawyer. I've changed the category accordingly.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
I DO NOT RECOMMEND going to a 3rd country for your initial H visa stamp ... unless you can demonstrate a significant 'business necessity' for your travel to Mexico instead of your home country.
Remember, you don't need a visa stamp if you don't leave the US.
Be aware also that initial visa applications go through extra 'administrative processing' which could result in you being 'stuck' in Mexico for 2-4 months .... are you willing to do that?
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You're inquiry is not clear. Do you have an expired H1b visa and an expired or valid H4 visa in your passport? You certainly do not have an expired H4 EAD visa stamp. There is no such visa. USDOS posts information for each consulate and will show whether it accepts 3rd country nationals and under what circumstances. If you are uncertain about eligibility to go to 3rd country location, seek direct and personal advice according to your situation through the H1b employer's attorney who will know most about your intending H1b employer and about your personal immigration history in the US.
You will be very disappointed with the fact (very soon) that you do not have a competent counsel to handle your case.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline