Travel to Mexico for new I-94 after being out of status


catchgul

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Hi All

 

My H1-B transfer to a new employer was recently approved without an I-94 due to a GAP of 44 days between last employment and new employer's H1B filing. I was laid-off and took me a while to find another employer to file an H1-B transfer for me, hence the gap in status.

 

I have a valid H1B visa on my passport along with a valid I-94 so can I go to Mexico/Tijuana border and make a turn around?

 

My current I-94 is valid till Sep 2015 while the new H1B has been approved as consular processing and only till July 2014. Will the CBP officers still issue me a new I-94? Do I have to do anything extra to make sure I am issued a new I-94?

 

Your quick response will be highly appreciated as I have to leave in 1-2 days.

PS: I am based in the SF Bay area.

 

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Yes. Trolley from SAN DIEGO. Walk through turnstiles and U turn. Tell the Officer the facts in brief and get a new I94. Run it by your employer first.

Hi Pontevecchio

 

Thanks for the quick response. 

I did talk to my company's attorney and they say although going to Mexico is an option but they recommend going back to my home country.

I don't understand why is it any better to go to my home country. Any thoughts on that?

 

Also, my wife's extension of stay was denied too but she has a valid H-4 visa stamped. So she can go and re-enter with me too, right?

 

One last question:

Few people on the forum say that if we enter Mexico by land the CBP officers do not take the I-94. How do I ensure that I do get a new I-94?

 

Thanks in advance.

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Ask the company Lawyer if your existing visa seems valid and you are in need of a valid I94. If so when you cross the turnstiles into Mexico by walk you will make a U-turn and ask the CBP Officer at the entrance to the USA to give you a new I94. Likewise for your wife. No question of surrendering the I94. Explain to your Lawyer what you intend to do. Why would you need to go back home and return?

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Ask the company Lawyer if your existing visa seems valid and you are in need of a valid I94. If so when you cross the turnstiles into Mexico by walk you will make a U-turn and ask the CBP Officer at the entrance to the USA to give you a new I94. Likewise for your wife. No question of surrendering the I94. Explain to your Lawyer what you intend to do. Why would you need to go back home and return?

Hi Pontevecchio

 

My existing visa from previous employer is valid till Sep 2015 and I have an I-94 based on the previous visa that is valid till Sep 2015 too but the lawyer says it is recommended that we go to our home country.

I'm very confused now and really need some inputs. Is it not safe to just re-enter through Mexico?

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they say it bcz it is the safest advice(as resommended by DOS/DHS)..say if CBp denies u reentry for any unknown reasons to them, they dont want u to blame them for wrong advice....say u might have not disclosed arrest warrants or other potential immoral behavior to employer..

 

otherwise it is safe..u might pay hundred bucks to ur own attorney and get counsel for peace of mind..

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They are company attorneys and this is what they said:

"Since xxxxxx's H-1B has been approved for overseas, he does not have a valid non-immigrant status. We would recommend them to go to India."

On specifically asking about Mexico turn-around this is what they said:

"Yes Mexico is an option. However, in such cases visit to home country is recommended."

 

Do you think I can still try for Mexico? I am planning to go tomorrow.

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Hi Pontevecchio

Urgently need your opinion.

 

​We went to Mexico today and came back in. The officer issued me an I-94 till the end of my old H1B petition  When I requested him to make sure the validity of the I-94 is based on the new petition(which is one year shorter BTW) he went back in to consult with his supervisor and later said he cannot issue me an I-94 and took it back. Although he put an entry stamp on my passport.

I tried again at another counter and they refused to issue an I-94 too but let us back into US with the old I-94. 

I am very confused now. Am I back in status just because I crossed the border and came back in?? or what are my options? Any thoughts.

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Hi Pontevicchio

I did confirm with the company attorney that my existing visa is valid till Sep 2015 and I can use the same to re-enter the US.

The problem here is the incorrect interpretation of the law by CBP officers. They kept saying that I need a new H1-B visa stamp since i switched my company.

As far as I know that is not correct. As long as I have a valid visa stamp and new I-797 approval document I can use that to re-enter.

The problem would have been the same even if i came back from my home country.

My question is: can i go to the CBP deferred site and explain them the situation?

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Update from my side:

 

I called the CBP deferred inspection location in SFO today and explained them the situation. The officer was very polite and apologized for the experience I had at the Port of entry. He asked me to come to the office along with my wife.

I went there few hours later and the CBP officer fixed the entry stamps for me and my wife and also updated the I-94 records online. He even gave me a print out of the I-94 information.

I'm glad this got resolved and I'm very thankful to the CBP officer who got it all fixed.

 

It was a nerve racking experience overall but I hope everything is ok now. Waiting for my company attorney to confirm.

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Your case is complicated. If you did not have a gap in employment and had got a I-797 with a I-94 on it then if u left the country, you could have used the old visa and your new I-797 and entered. However as you did not get an extension of status and was recommended consular processing, it typically means tht you apply for a new H1-B visa at a consulate abroad with your new I-797. 

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Your case is complicated. If you did not have a gap in employment and had got a I-797 with a I-94 on it then if u left the country, you could have used the old visa and your new I-797 and entered. However as you did not get an extension of status and was recommended consular processing, it typically means tht you apply for a new H1-B visa at a consulate abroad with your new I-797. 

Hi GNH

 

The second part of your statement is true but with an exception.

If you have a valid visa on your passport for the same classification and you are recommended consular processing you don't need to get a new Visa stamped. I have confirmed this through several sources including CBP officers and my attorney.

In such situations all you need to do is leave the country and re-enter and ensure that you get a new I-94 based on the new approved petition.

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  • 3 weeks later...

Hi! Catchgul, Pontevecchio,

 

I am on L1A and have a approved H1B with automatic COS on October 1st. I am having 2nd thoughts about joining the organization which processed H1B. In order to nullify automatic COS, I was thinking of taking me and my family to Mexico via Flight on Sep 29th and return after October 1st & enter back on existing L1A stamping & get a new I94. Do you think, I will be issued a I94 or will they return my old I94? I have heard from few friends that when travelling to countries like Bahamas, Costarica etc, CBP just checks passport and returns the old I94. Any advise will be highly appreciated.

 

Regards

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Hi Shailesh

 

As pontevecchio said, its a good idea to discuss this with an attorney coz we dont know the specifics of your case. But if all else is OK and you only need to get a new I-94 then preferably travel by air and make sure you submit your I-94 while departing. That will ensure that you will get a new I-94 on coming back.

If you did not submit your I-94 at departure you can still ask for a new I-94 at Port of entry. Please note that generally for neighboring countries you are not issued a new I-94 but if you ask for it explaining your situation, there are good chances they'll issue you a new one.

If all this fails, I guess you can still contact your local CBP deferred inspection site and explain your case, they should be able to help you out.

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  • 1 month later...

Hi Catchgul,

 

Need your input and guidance again. I did travel to Mexico by air and below is the status

 

I was on L1A and my spouse on L2. My H1 and H4 COS were applied starting October 1st. The request to for withdrawal of H1 and H4 petition were submitted on sept 17th and case shows to be initial review. In order to be sure that L1A status is retained, Murthy lawyer advised me to travel and come back in after Oct 1st. I travelled to Mexico City by air on Sept 29th through Atlanta where they kept our old I94. On return from Mexico city on October 2nd, our immigration happened at Atlanta port of entry. I was thinking that both of us will receive new I94 but this is what I see now on CBP online site. I am totally confused now.

 

I think since my recent class of admission is on L1, I am on L1A even though I94 number remained the same.

a) Am I still On L1A after my recent re-entry?

b) Is the same I94 number for me an issue now or in future?

c) How do I make sure, I am not on H1 and my wife is not on H4?

d) Is it advisable to explain to CBP deferred inspection site officer what I tried to do (leapfrog) and ask for a new I94 or just confirm with them that I am on L1 status & just leave it at that without insisting for new I94.

 

For me:

1) I received same L1A I94 number which I had submitted with airline while leaving mexico city.

2) The recent I94 has Class of Admission as L1

2) The recent I94 has most recent date of entry i.e 02 Oct 2013

3) The recent I94 has same admit until date as my submitted L1 i.e 27th Oct 2015

 

For my spouse:

1) She received new I94 number. It does not match the I94 she had previously on L2

2) The new I94 has class of admission as L2

3) The recen I94 has most recent date of entry i.e 02 Oct 2013

4) The recent I94 has a different admit until date 18th Aptil 2015

 

Any help and guidance will be highly appreciated

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  • 1 year later...

Hello catchgul,

 

I am in the similar boat as you were. Can you please give me an e-mail address. It will be a mountain of help if you could clarify just a couple of things. my email is *************@gmail.com.

 

Thank you very very much.

Hi All

 

My H1-B transfer to a new employer was recently approved without an I-94 due to a GAP of 44 days between last employment and new employer's H1B filing. I was laid-off and took me a while to find another employer to file an H1-B transfer for me, hence the gap in status.

 

I have a valid H1B visa on my passport along with a valid I-94 so can I go to Mexico/Tijuana border and make a turn around?

 

My current I-94 is valid till Sep 2015 while the new H1B has been approved as consular processing and only till July 2014. Will the CBP officers still issue me a new I-94? Do I have to do anything extra to make sure I am issued a new I-94?

 

Your quick response will be highly appreciated as I have to leave in 1-2 days.

PS: I am based in the SF Bay area.

 

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