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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Unhappy A Canadian Citizen Screwed Up in H1 Visa Stamping

    I thought everybody should get a H1B visa stamping and also was confirmed by a lawer. So, without doubt, I made a reservation in a US consulate at Mexico for H1B visa stamping becasue the consulate is close to my work place. But unfortunately, my application was denied because this is my first time application (was in TN then H1B status, no visa ever), I can not apply in Mexico, and should go back to Canada for stamping. But then I can not make an appointment in consulate at Canada becasue I am a canadian citizen and no need for visa. At the consulate in mexico, they told me that since I was not issued a visa (although they didn't put anything on passport nor take away anything), I am no longer able to work in US until I get the new visa. But funny thing is when I cross the border from mexico to US., they even didn't ask anything, or issue a new I94. Now, my questions are:
    1. since I didn't get the visa from mexico, but my I797 is still valid, am I out of status?
    2. How can I get a new visa, from port of entry (canadian citizen), or should go to consulate?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: A Canadian Citizen Screwed Up in H1 Visa Stamping

    You have an H1B visa and a job in the U.S. under that visa? So you're trying to enter to work under that visa? Or what? Your employer doesn't care if or when you show up for work?

    This lawyer who advised you - your immigration lawyer? Your employer's lawyer? The real estate lawyer who once helped you buy a house? A guy you met at a party?

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