To get new I-94 by crossing Mexico border(Tijuana) from San Diego and entering back into USA

[sandy_ts89@yahoo.co.in]

I am currently on H1B Visa, My I-94 was expired on September 2015 and my company has filed petition for my I-94 extension in July 2015 before the expiry of my I-94. I have already received the receipt notice from USCIS for I-94 extension ,But USCIS is taking long time to for the approval.

 

I have valid I-797 and H1B stamped on my passport will September 2016, I want to go to Mexico from San Diego border to get my new I-94.

 

1. Can i get a new I-94 from while reentering into USA based on my H1B, while the I-94 extension is pending with USCIS.

2, If i go out of USA in November 2015, will the immigration officer will ask me about my stay after the expiry of my I-94 i.e after September 2015 for the months of October and November.

3. Can i show him the USCIS I-94 receipt to cover OCT and NOV months.

4. Since my I-94 is already expired Will there be any problem in getting new I-94 from CBP Officer at the border. I have receipt notice from USCIS that i have filed for I-94 extension before the expiry of my I-94.

5. What will happen to my USCIS petition if i get the new I-94 by crossing the border.

[jairichi]

1. No. You will not be allowed to enter US without a valid IH1B visa and 797.

2. Yes.

3. Yes.

4. Without a valid H1B visa, I797 you will not be allowed to enter US.

5. You will not get new I94.

[lathamall]

Thank you Jairichi for your answers. I am in similar situation as Sandy and have similar questions. However, I am confused as answers for Question 1,4 and 5 above doesn't seem to match well with Sandy's questions. Hence, I am taking the liberty of rephrasing those questions

 

Q1. I have a valid visa and approved 797  (valid until July 2017). Can i get a new I-94 (current I94 expired in June 2015) while reentering into USA via Mexico border (Tijuana) based on my current H1B valid visa and 797?

 

Q4.  Since my I-94 is already expired will there be any problem in getting new I-94 from CBP Officer at the border. I have receipt notice from USCIS that i have filed for I-94 extension (Form I-129) before the expiry of my I-94.

 

Q5. What will happen to my current USCIS petition (Form I-129) if i get the new I-94 by crossing the border.

 

Q6. At the Mexico border (Tijuana) can I tell the CBP officer that I crossed the border to renew I94?

 

Thank you for your suggestions in this regard.

[lathamall]

Just an update I got my H1B extension approval notice on Dec 15. I filed for extension with a receipt date of May15. Thought this information might help others estimate approval time lines. My application went to California service center.

[Sai_raj9]

Hello friends,

 

Has anyone recently been to San Diego border for the i94 renewal?

 

If yes, can someone please share your experience.?

 

Thank you so much in advance.