For Judith:Hello Judith, How are you? I am on H1b and working for IT Services company, I came here on H4 and converted to F1 to Complete my MBA , I have worked on CPT for about 11 Months and then H1B in October 2011. I have transfered my H1b to other company in February, Since then i have not visited my home country. Can i go to any nearby Embassy in Canada, Mexico or Bahamas to attend H1b interview and get the stamping, Please advice
State/Country relating to question: Texas
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Thank you for requesting me.
Yes, you can go to Canada, Mexico or Bahamas. I would caution against Mexico and Bahamas because if the visa is denied, you cannot re-enter the US. You would have to return home for visa stamping and flights are tough to get out of those countries.
Also, you need to beware that you may be put into "Administrative Processing" which can take 4-6 weeks. They are not checking you out as much as the company to ensure that they are not A visa machine and merely filing numerous petitions with no jobs. The H1B fraud has increased to such a level that AP is not uncommon. You would need to be able to afford to live in Canada for that period of time if this happens.
It is 1am and I was just about to sign off for the night but didn't want to ignore you. I will answer follow-ups in the morning.
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33 yrs attorney on all nonimmigrant & immigrant visas
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