Travelling by air to Mexico (& back to US) with expired visa stamping (H1B & H4)

[uday029]

Me and my spouse are planning to travel to visit Mexicofor a week in Jan/Feb 2019. We both have Indian passports. I currently hold valid H1B (I797) until Nov 2020. My spouse has a valid H4 (I539) with EAD until Nov 2020. However, our stamping (H1B and H4) on passport expired in Sept 2019. I read from various forums that one can re-enter US with expired H1B stamping as long as we have valid I797 using Automatic re-validation rule. But is this rule valid even for spouses of H1B who are on H4 (stamping expired) and have valid I539? I would like to know if anyone tried this process recently from either Mexico and is there any risk associated? Also, is automatic re-validation applied even when flying back into USA or is it applied only at road border crossing?

Since we currently do not have valid visa stamp on our passports, do we need to obtain Mexican Visa? Any advice would be greatly appreciated.

Thanks.

[User099]

3 hours ago, uday029 said:

is this rule valid even for spouses of H1B who are on H4 (stamping expired) and have valid I539?

Yes, You and your wife should carry your I797 approval notices.

 

3 hours ago, uday029 said:

is automatic re-validation applied even when flying back into USA or is it applied only at road border crossing?

Yes, even when flying.

 

3 hours ago, uday029 said:

do we need to obtain Mexican Visa?

I am not sure, but if your going to Cancun or Mexico City or some place deep in Mexico its better to get visa. 

[uday029]

On 11/18/2019 at 8:12 PM, User099 said:

Yes, You and your wife should carry your I797 approval notices.

  

Yes, even when flying.

 

I am not sure, but if your going to Cancun or Mexico City or some place deep in Mexico its better to get visa. 

Thank you very much.

[solution]

Hi Uday029,

           Did you fly or drive? Were you able to smoothly gain admission back on AVR? Let me know, I am also planning?

 

Thanks