H1B Consular processing I-797B without I-94 attached.
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What Information does this page cover ?
NOTE : Information shared below is for Informational purpose only, please seek legal guidance from your attorney for accurate information
- What to do after you had received H1B Consular processing I-797B wihtout i-94 ? (With valid visa & I-94 / Without valid Visa & I-94); Situation : After Extension or Transfer Denial & later approved through Consular processing; 3 case details added below.
- How to move (COS) from H1B to H4 (After H1B Denial) or H4 to H1B-Change of status visa stamping ?
- How to get your I-94 renewal done after you got new passport ?
For Consular processing, you can attend at any location in Mexico to finish your stamping.
Oct 11th 2023 : Sharing details of H1B visa renewal at Guadalajara Mexico (With I-797B petition & without i-94)
I-797B is a consular processing petition approved by USCIS that mandates applicant to step out of country and finish stamping and can continue work in USA
More info about I-797B (consular processing) :
I-797B, this means that the petition is approved, but the COS/Extension of Stay(i-94 is not given) is not approved.
✅I-797A comes with i-94 attached to it, so you can continue your stay in USA & whenever you leave USA, you can finish stamping & enter back into USA.
✅I-797B does not come with i-94 attached, that mandates you to step out of USA & finish stamping if your H1B stamping is expired, If your H1B stamping is still valid, you can simply go to US Mexico border & get i-94 extended (or) Simply fly to Mexico (Using US Visa, no need of mexican visa if you have valid US visa) & get i-94 extended, come back to USA & can continue your work.
Different scenarios where someone will get i-797B from uscis are
1) If employer filed extension petition late *after i-94 Expiry (to fix the issue of overstay or to avoid RFE, Employer/Attorneys file consular processing)
2) Employer prefers to file under consular processing if there are any underlying issues such as amendment not filed on-time, to rectify any underlying immigration issues, so petition gets approved (instead of getting RFE)
✅By default, Attorney’s file consular petitions with home country as default consulate location, but you can still attend visa interview at any other consulate that allows visa stamping (not mandatory to just only attend visa interview at home country)
✅ No need to file i-824 petition as well if you are attending visa interview at consulate other than what is listed in your i-797B petition
Sharing recent visa interview questions & feedback from Guadalajara of client who was under above situation.
Date: Oct 10th 2023
Once you finish your visa interview, please take few minutes of your time & let us know your visa interview questions (helps alot of upcoming clients just like you who wants to attend visa interview in Mexico)
Your first name : Rana
Appointments location : Guadalajara
Appointments dates: ASC – 6th Oct
Visa – 10th Oct
If working in IT, are you full time employee or Contracting ? Or N/A for Not Applicable ? Contract
Current visa stamped in passport category ?(F1, H1B, H4 etc,) H1B
Previous visa in passport ?(F1, F2, H1B, H4 etc,) H1B
Questions asked during interview:
Job duties and end client details.
Also on previous visa expiry details
Documents asked during visa interview: Masters Diploma copy
I-140 approval notice
When did you get your passport? Date? Same day pickup – 3pm
( you should specifically request them or else it will take 2-3 days)
Please help to explain process for pickup from asc or consulate or DHL etc.,
If attended for F1 visa, what’s your university name ? (If applicable)N/A
Is this emergency appointment (or) non-emergency appointment ? non- emergency
When and where was your last time stamping in passport?(location/ year) Feb 2023 – New delhi
When did you start visa stamping process for mexico ?
When did you book these appointments? Sep 27th
(If emergency appointment, when did you submit EA request?)
Please share any tips you think will useful for getting emergency appointments (or) non-emergency appointments?
Be confident in answering questions. Also carry all the required documents including your w-2 and paystubs.
Any feedback you want to leave for our team (or) any suggestions for upcoming clients –
Venkat and team are really helpful. They made this process look so simple and easy. They provide Pickup and drop off from your entry to till your return flight,which was so time saving.
Scenario 1 : Need Visa Stamping with I-797B (Consular processing with I-94 expired & Expired US Visa) – CHECK BELOW, THIS PAGE HAS 3 CASES WITH MORE DETAILED TIMELINE INFORMATION
- You might have got I-797B through Consular processing, (either after as H1B extension or transfer denial & later approved )
- where your attorney says that you need to go out of country(I-797B might have home country location) as soon as possible and attend for your visa interview.
- But if you want, you can visit any location in Mexico to get your Visa stamping with your I-797B & Expired US Visa; many guys with I-797B attended in different locations in mexico even though their petition says Hyderabad, Chennai, Mumbai etc.
- If you don’t have valid US visa or Canadian visitors visa or Schengen visa or Japan visa, Then Plan to get Mexican visitor visa before your travel.(for better situation)
- We had many guests who came to Mexico with above scenario and got stamped successfully.
- Scroll below for other candidates experience who got I-797B & got successful stamping & their interview questions.
Scenario 2 : Already have Valid US Visa Stamping from old Employer etc + I-797B & Need I-94 Renewal Only.
Or Have valid visa, due to old passport expiry date, got i-94 until old passport validity. Now that you got new passport, you can go to border POE – CBP – i-94 Office for i-94 renewal until new date.
- You might already have valid US visa, During extension – you got I-797B through consular processing & your I-94 was expired, you need to get your I-94 renewed.
- If you need any help, we can guide & provide help for your i-94 renewal at the Laredo Texas border / Nuevo Laredo, Mexico Border
- As you already have valid visa in this scenario, you don’t need Mexican visitor visa.
If you have any questions,
We would be happy to answer any of your questions.
ABOVE SCENARIOS BOTH IN DETAIL :
Guys with i-797A, don’t need to worry, you can go for stamping anytime you want
Guys with i-797B, which is approved through consular processing (does not have i-94 attached),
If you have valid US visa stamping, then you can cross the border & come back to I-94 office & and get your i-94 renewal done (which is in US side ), this can be done at any POE locations.
If you don’t have valid visa stamping (expired visa),
Then you need visa stamping to come back to usa,
you can out of country to Mexico or canada or India & go to visa interview & get your stamping done, while coming back… You get your i-94.
Important profile : I-797B profile, Consular processing, Without i-94 attached, Informed to go out of country and re-enter; (In the I-797B, it says locations from home country Chennai, Hyderabad, Mumbai, Kolkatta, Vancouver for few candidates; It does not matter what’s listed in that. you can go anywhere for attending visa interview. Candidates came for stamping to Mexico.
Scenario 1) I-797B : Candidates Interview questions & his profile :
May 2nd 2018 :
Travelled from : San Jose, CA; Last stamping : 2015, Hyderabad, India ; EVC; Attended with family with 2 children.
Came to Mexico location with I-797B & with a gap of more than 30 days between previous denial & approval.
What’s your job – Sr. Java developer.
Is this your kid? Yes sir pass me birth certificate and marriage certificate
Did your company applied for green card not yet -ok, that’s not a problem
These questions & Visa Approved.
On May 2nd 2018 : Got Visa approved and came back to US.
—– This Case more Details as below ————-
H1B Extension Denial & Approval & Stamping completed with I-797B
1) Applied Extension on June 6th 2017 – Got receipt – Regular processing.
2) Got RFE in Sep 2017
3) Denied – Nov 17th 2017
4) Reached to new employer for Consular processing.
(to join same project; change of employer)
5) Dec 19th 2017 – Receipt. (Regular processing)
6) Moved to premium processing (In Feb 2018)
7) March 30th 2018 – Approved.
8) Apr 14th 2018 – Document at hand = I-797B
9) Attended visa interview in Mexico on May 2nd 2018 (Got successful stamping without any issues)
Previous visa & i-94 expired :
September 30 2017
Even dependents got stamping based on Primary visa holder (I-797B).
2nd Case: Details below
I-797B Case Details :
H1B Extensions denied 2 times & got approved 3rd time under Consular processing.
Note : My visa and i94 expires in Jul 2019.
1) Applied premium with Employer A on Nov 2017 with premium and got RFE in Dec 2017 – Replied on Jan 2018
2) Denied on Feb 2018
3) Applied with New employer (Employer B) on Feb 2018 with Regular process….. got RFE in April 2018, Replied in May 2018 and Denied on Jul 2018
4) With same employer (Employer B) Applied in August 2018 with premium process and got approved in September 2018 through Consular processing(Without I-94 attached).
5) Attended visa interview in Mexico on Sep 25th 2018 & got my visa got approved.
Note : My visa and i94 expires in Jul 2019.
Visa Interview Attended on Sep 24, 25th 2018 :**********************************************
What is ur job title ? Do u develop application ? Ur employer name ? Employer address ? Work location ? Client details ? Job description ? Stay length in US ?
No questions were asked about my Extension Denial etc.,
3rd Case: Details below
—– One more Case Details as below ————-
Extension Denial & Later Approval & Stamping completed with I-797B through Consular processing.
Note: my i94 with previous employer was valid till 2020
1) Applied transfer on Dec 8 2017 – Got receipt – Premium processing.
2) Got RFE in Dec 2017
3) Denied – Mar 17th 2018
4) Re applied same employer
(to same project and same employer)
5) May 5 2018- Receipt. (Premium processing)
6) got RFE May 15
7) jun 20 2018 – Approved.
8) Jun end 2018 – Document at hand = I-797B
9) Attended visa interview at mexico on Jul 17th 2018 (Got successful stamping without any issues
1.Who is your employer?
2.what they will do?
4.do you have masters?
5.where you did? Is it in IT?
No documents asked , except I797.
Note: my i94 with previous employer was valid till 2020
Scenario 1) Candidates Interview questions & another candaidate profile
1. How long have you been working for this employer?
2. What is your salary? DS160 salary
3. Do you have end client? Yes
4. Name the end client? Name and tell what they(client) do.
5. Your role?
(Explain your role and where you fit in the client project)
While giving passport give along with i797 A or B whatever. They only tell i797. A or B really doesn’t matter.
Please pass this message to everyone as A or B doesn’t really matter. Matters is they need to have approved i797.
From : King of prussia, Pennsylvania; Contracting (EVC)
Last stamping : 2017, India, Got i-797B Through consular processing.
Check our reviews : https://usvisastampinginmexico.com/reviews/
H1B to H4- Change of status in Mexico
Attended visa interview on July 23, 24 2018
Below questions were asked by the consular officer.
Objective: Convert to H4 after H1B extension denial
Consular Officer: why are u converting from H1 to H4.
Me: My work permit extension got denied and I am currently out of status because my I94 expired.
Hence, I am here for H4 stamping to have a valid status and to join back my family in the USA.
Consular Officer: Are you going to work in US?
Me: No, Since I am not eligible to work on H4.
Consular Officer: Ok, Visa granted, come back and pick up the passport at 2:30 PM.
consular processing after h1b extension transfer denied-and-approved