H4 visa stamping in Mexico after COS from H1B - Any issues?

Hi Anil,

Sorry for the long post!

My final H-1B expired in November 2018. Much before it expired I applied for my H4 and H4 EAD that arrived in March 2019. I started working and my H4 and H4-EAD expired in June 2019 as my wife’s H1B was valid until June 2019.

Much before it expired the second time, I applied for extension and got it in September 2019. It has been approved until June 2020 as my wife’s H1B is valid until June 2020.

I want to visit India in December for 10 days. Due to it being a short visit and since I do not want to risk visa process during the holidays season, I wish to visit Mexico during the thanksgiving break in November to finish off the H4 stamping process so that my India trip is potentially smooth.

This is my current I-94 situation:

Most Recent Date of Entry:

2018 October 23

Class of Admission :

H1B

Admit Until Date :

12/10/2018

I last entered the US shortly before my final H1B expired.

two questions:

  1. Am I OK with my I-94 status/compliance? Just confirming I have not overstayed?
  2. Do you suggest my going to Mexico for stamping? Will I face any issues?

Thanks so much!

Hi @indoamerican

You must have got a new i94 attached to H4 approved i797 every time you got an approval. What is the validity mentioned on the most recent i94?

There should be no issue in going to Mexico for H4 visa stamping. Please note that nobody can tell you if there will be an issue with your case or not. It is a risk that you need to take.

70% of applications do not face any issue at all as per my opinion. The rest 30% could be any.

Thanks Anil.

I checked my most recent I797 and at the bottom left it says the following. I was totally not aware that it comes with an I94# printed.
Please see the picture

Yes, that’s the i94. It has long validity. So, you are fine staying in US.

thanks Anil.

i understand that the future of H4-EAD is uncertain but as per the current rules would you know whether I have to do biometrics every single time I apply for H4 extension and H4-EAD extension?

if it is so, this time i plan to do well in advance so that there is no gap in my employment. I have already had two breaks of 3.5 months each this year and i want to avoid another one next year during the extension time. :slight_smile:

thank you!

Biometric is needed everytime you file H4 extention.

If you are filing only H4 EAD standalone application without H4 extention, then biometric is not required.