Travel to South Padre with H1 visa under extension

[dvsetty]

My H1-B visa extension is filed with USCIS few weeks back, and I received the file number last week. I am planning to travel to South Padre island next weekend. I heard that there are lot of immigration check posts on the Mexico border, and there would be visa checks while returning back from the island. Is it ok to travel with the extension receipt notice papers along with passport and previous approval notice? If anybody is aware, or has travelled to South Padre, please advise.

[livliv]

No, it is not advisable to leave the country after I-94 expiry. You need at least a valid I-94 in order to return from Mexico.

[catx]

South Padre is in Texas, not Mexico (albeit just on the north side of the border). You get to South Padre (Island) via Port Isabel (Texas) then drive over the causeway.

That being said, there are often border patrol stops well into Texas along Hwy 77 and other roads from Mexico, where the agents will ask where you have been, etc., and may ask to see your drivers license and maybe passport (with visa and I-94).

(I used to go down to the Brownsville port of entry to do my and my family's TN / TD visa stamping, and we would sometimes go over to South Padre for a few hours on our way home.)

[sarkar29]

For everyone out there - if you have H1-B extension pending and latest Visa and I-94 status expired :- DONT travel to South Padre, TX. There's a checkpoint on Highway 77 and they will validate your legal status and according to them "pending H1-B extension with Visa and I94 expired is not a approved legal stay status". Feel free to call them and check

 

https://www.cbp.gov/border-security/along-us-borders/border-patrol-sectors/rio-grande-valley-sector-texas/kingsville-station

[bhanumurthy24]

I had the same question and I reached out to customs and border patrol at kingsville station, via phone. This is what they said, as long as you have a valid I-94 that comes with your extended I-797 in the H1b class, you are good to travel to south padre island, even though you do not have a valid H1b visa stamp in your passport. The person added, H1b visa stamp is for getting into the country and valid I-94 is for legal stay inside the country and legal travel inside the country. As long as you have the necessary documentation in this case, you should not have any problems at the CBP.