Posted by: pyaradeshbasiharu October 24, 2009
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Intrepid,
I am not a lawyer but here are answers to your questions,,
"i. Looking at my situation, what is my chances of getting stamped?"
The biggest mistake u made was to stay in US once the employer-employee relationship ceased to Exist and U were out of status since no pay roll was run for the period. By the rule of thumb USICS gives 20-40 days to change ur status once u were not getting paid on H1b.Since USCIS acknowledged your H1b approval by not sending u the I94, there are chances that there might be lots of queries while going for consular processing. Stick to the truth and give the Consular honest answer and i think u should be fine.
ii. Where do you think I should go for the stamping, Nepal, Canada or Mexico? I mean, whether anybody is familiar with the current visa acceptance/denial trend in the above places.
By any chances of ur Visa is denied on canada or mexico u can't return to US , u have to Fly back home from there..I think it will be wise to to go to Nepal for Visa stamping..
Make sure u consult a qualified immigration lawyer before going home..Forums can be misleading so double check with lawyer..
All the best