H-1B Consular Process: Case Study

This article illustrates the process of applying for an H-1B visa abroad through the case of Xiao Hu, who obtained his H-1B visa in Mexico.

Background

When Xiao Hu got selected for the H-1B visa, he still had a year and a half left on his OPT. To maximize the duration of his OPT, he asked his company to choose the option of consular processing when submitting Form I-129. However, due to the pandemic, he was unable to return home for visa processing. On the advice of the company’s attorney, he eventually chose to apply for his H-1B visa in Monterrey, Mexico, re-entering the U.S. after completing the visa process. 

Process

1. Before leaving the U.S., Xiao Hu submitted Form DS-160 online and scheduled an interview at the U.S. consulate in Monterrey, Mexico. He prepared all the necessary documents according to the H-1B visa checklist.

2. He traveled to Mexico, arrived at the consulate as scheduled, and completed the interview.

3. Xiao Hu's interview went smoothly. The visa officer asked basic questions such as his name, field of study, and job duties.

4. After the interview, Xiao Hu waited two days and received a notification to pick up his passport from the consulate. Then he successfully obtained his passport with the H-1B visa.

5. At customs, he was asked about the purpose of his trip to Mexico and his reason for re-entering the U.S. Xiao Hu answered truthfully, stating that he went to Mexico to obtain his visa and was returning to the U.S. to continue working. As a result, he passed through customs smoothly.