Automatic Visa Revalidation - My experience

[dee102380]

This is for those of you who may want to travel outside the US( Mexico/Canda) but do not have a current H-1B stamp ( just have an approval I797 and the UNEXPIRED I-94 attached to it)

Here is my experience.

I am in my 6th year of H-1B which was expiring on Sep 30, 2011. I wanted to go to Mexico. However, I did not have a current stamp - just an approval letter ( I-797 and its attached unexpired I -94).

I did however have an old H-1B stamp( from my 1st 3 yrs) which expired in 2008 and a WHITE I-94 from 2008 in my passport from my last visit outside the country. Here is what I did:

1. This can only be done for CONTIGOUS US territories, i.e Mexico and Canada. NO surrounding islands like Jamica,Bahamas etc

2. If you are a citizen of India and all you have is the H-1B approval letter, STRONGLY suggest you go to the Mexican consulate and get a Mexican tourist visa and carry a copy of all supporting documents regarding Automatic Visa Revalidation ( just google it and the USCIS link comes up). This can be done in a day!

3. Carry a copy of your approval letter at ALL times. When you leave the country, the airline will remove any white I-94 attached to your passport and MAY ask for your approval letter. In my case they did, and they were ok. DO NOT give them the original I-94 attached to your I-797. If they still want it, tell them they can have a copy

4. When I reached Mexico, the Mexico immigration officer at the airport said " Your H-1B has expired!". I promptly handed him a copy of my current approval letter with UNEXPIRED I-94 and showed him my Mexican tourist visa and said that their consulate had already cleared me. He liked that , stamped my passport and let me in.

5. When leaving Mexico, the airlines again asked me for my unexpired approval letter. I showed them a copy and they let me fly back to the US

6. Upon arrival to the US airport, the Customs and Border Protection Officer was really nice. He asked me for my passport, smiled and said " Wait a min...your H-1B has expired!". I smiled, said " Not really, would you like to see my current approval letter with unexpired I-94". I showed it to him, still smiling , he said " Hmm...wonder why you dont have a stamp?". I said " Unfortunately, I have not visited my home country since I got this last approval, hence no stamp". He said " Aah, i get it...how was Mexico?"

7. That said, he took my fingerprints, and said, "I'm going to give you 10 extra days since your current visa expires on Sep 30". He stamped my passport and I was on my merry way, only to discover he had made an error and had stamped my I-94 as B-2 until 2012!!! I turned around and went back to him. He felt terrible! He restamped it as H-1B and double checked the system to ensure he had me entered as H1-B. Now , I am back!

Moral of the story:

While this can be done, please ensure you carry and do the following:

1. Consult an attorney before you go, each case is different!

2. Carry your approval letter ( several copies!), paystub copies, passport copies, letter from employer AND a back pocket letter EXPLAINING automatic visa revalidation and copies of the USCIS website. While the law exists, not everyone is aware of it. So be ready to explain it without panicking.

3. Find out if you need a Mexican visa. Most likely you will. Be ready to explain to the Mexican authorities as well, even though they are NOT supposed to ask or determine how you will get back to the US

4. DOUBLE check your passport stamp upon re-entry. CBP officers are human too and can make mistakes. Ensure you are stamped in the same visa category you left as.

Please note:

Per the rules, Automatic Visa revlidation is valid only if:

You have an unexpired I-94 and approval letter

You DID NOT apply for a US visa while abroad

You are travelling for LESS than 30 days

You are NOT a citizen of a sponsored country i.e Iran, Syria etc.

I hope this works for whoever wants to travel for whatever reason.

[nvr2009]

Hi dee102380,

One attorney told me that AVR can help to clear pass visa violations happend before reentry. Do you have any idea? Did you get new I94 when you enter using AVR?

Thank you,

Venkat

[nchhabria]

Hi dee102380,

In point#7 you are saying that they stamped your passport and again later you said they stamped your I-94, can you please clarify which one was stamped? Also did they take your I-94 from I797 and issue you a fresh I-94 with a different alien#?