Need Help. Rejected First time H1B stamping in Tijuana. Nov19

[soman29]

Today, I had my  interview in Tijuana for first time H1B visa, I was not aware, Tijuana Mexico consulate does only H1 renewals.  VO said we dont do first time H1B , go your home country to get stamp.no forms given just gave me passport and documents back.

 

while entering in to mexico no one asked me about my passport or visa. no one collected I -94

 

I got my H1 last year 2012, I been working for 13 months

I have my valid I-797 and i-94 with me

I have Valid F1 visa till Dec16

 

My question is can I enter into the US with above documents or I need to go back to home to get stamp on passport.

[sendilvera]

you don't have entry in your passport when you entered Mexico ?? Is that correct ????

[maverickp]

I believe you would need to go back to your home country. And FYI, that note about TCNs not being to appear in Mexico for a first-time visa stamping, was clearly specified on their website. http://tijuana.usconsulate.gov/who_can_apply_visa.html the 2nd point under "Who cannot apply in Mexico".

[kumar_y]

Without stamping you cannot go back to USA. You need to go your home country and get stamped. Once you are on H-1b your F-1 visa is no longer valid. 

[Tjgarla]

Well you are doomed buddy.

 

They clearly mention in the US consulate website and while you are booking the slot that change of status is not done in this consulate anymore. They literally highlight that point.

 

Ready each and every blog here. 

 

I don't understand how dumb is that you over looked all of it. Did you even consult your attorney or Employer before you booked the slot.

 

You can come into the country if you have a valid i20. Then your H1B will be not valid anymore.

 

You sure need to leave to india to get the H1B stamped. 

[jairichi]

Today, I had my  interview in Tijuana for first time H1B visa, I was not aware, Tijuana Mexico consulate does only H1 renewals.  VO said we dont do first time H1B , go your home country to get stamp.no forms given just gave me passport and documents back.

 

while entering in to mexico no one asked me about my passport or visa. no one collected I -94

 

I got my H1 last year 2012, I been working for 13 months

I have my valid I-797 and i-94 with me

I have Valid F1 visa till Dec16

 

My question is can I enter into the US with above documents or I need to go back to home to get stamp on passport.

If you already had a H1B stamped and this is your renewal stamping you could get it stamped in Mexico. Looks like this is your first H1B stamping. So, you cannot get a H1B visa stamped at Mexico.

[usa123]

I think you can't enter US with F-1 visa as you status has already changed to H1. First check with other US consulates in Mexico if they process first time H1B's. You should either go to home country for stamping or you can try Jamaica as you don't need a prior visa to enter Jamaica. But make sure you have direct flights from Mexico to Jamica with out entering US. Also contact your attorney.

 

Good Luck 

[jalsa24]

If you are on OPT and have a valid i-20... you can come back... since your visa is already valid.

[khanimran]

Today, I had my  interview in Tijuana for first time H1B visa, I was not aware, Tijuana Mexico consulate does only H1 renewals.  VO said we dont do first time H1B , go your home country to get stamp.no forms given just gave me passport and documents back.

 

while entering in to mexico no one asked me about my passport or visa. no one collected I -94

 

I got my H1 last year 2012, I been working for 13 months

I have my valid I-797 and i-94 with me

I have Valid F1 visa till Dec16

 

My question is can I enter into the US with above documents or I need to go back to home to get stamp on passport.

so your H1 b already kick in or not if yes than you cannot enter but if you are on your opt than you might enter but i think consult some lawyer .. 

[srinuk39]

Yes, i  think you can come back as your F1 visa is still valid..

[tellhammer]

Today, I had my interview in Tijuana for first time H1B visa, I was not aware, Tijuana Mexico consulate does only H1 renewals. VO said we dont do first time H1B , go your home country to get stamp.no forms given just gave me passport and documents back.

while entering in to mexico no one asked me about my passport or visa. no one collected I -94

I got my H1 last year 2012, I been working for 13 months

I have my valid I-797 and i-94 with me

I have Valid F1 visa till Dec16

My question is can I enter into the US with above documents or I need to go back to home to get stamp on passport.

[tellhammer]

Mexico only takes renewals!! I am surprised that it allowed you to take the appointment in the first place. I doubt you can enter visa on F1 because ur current status is H1 not F1.

Correct me if I am wrong.

[tellhammer]

You need to go to ur home country for stamping!!

[jairichi]

Yes, i  think you can come back as your F1 visa is still valid..

On F1 visa? Where is OP's I20 and active SEVIS record if asked?

[soman29]

Thanks every one for replying my post.

 

Good news,  I entered in to the us with out stamp on my passport. I know nobody believes, even I dont believe. I had no hopes, 99%  negative, but I just gave it a try, worked out. I am in the us now, replying to post from my office.  

 

It was my mistake, I went to mexico with out checking whether they do first time H1b or not. but enterd in to mexico and VO said we dont do first H1B here, got shocked, dont know what to do, then immediately posted in forum for help and thought anyway going home, lets give it a try to cross the border. border is just 3miles from my hotel, took a cab reached the border around 12:30 pm, stood in a line for 45 minutes to reach the port of entry. The person interviewed me looks like asian and he is in his late fifties.

 

me : gave my passport didnt say any thing

CBP: R u still student?

me : I am on my H1B visa, working for some company

CBP:Where is u r H1 visa ?

Me: I dont have, I came to mexico to get the visa stamp, I had a interview two hours back, here is my appointment confirmation and fee recipt. but in consulate they said, they are not doing first time H1B visa 

CBP : you have to have H1 visa to enter into the US 

Me: yeah I know, but consulate refused to give me and  I said, I have all my valid  I-797, I-94 and I-129 pettetion with me. handed over the i-797 and i-94 to him

CBP: he seen the  797 and read all instructions behind the doc asked me do u know where to get your visa.

me : yeah, I know, my home country, but I have no plans to go now. that is the reason I have come to mexico but unfortunately they said no

 

CBP: He scanned my F1 visa, searched for some thing. then asked me to follow, to his supervisor.

         he discussed with him about me and shown my documents, reason why I rejected.

 

I had strong feeling he is gonna say no and leave the country now, but he has come to me and said dont leave the country again with out vaild visa.you can go now. Surprise!!! I couldn't believe. in next 1 hour I booked  ticket to my city from san diego.

 

 

I was lucky enough to get out of that, but do not try this and dont  go to mexico for the first time h1b. 

 

 

Thanks agian

 

[Srini82a]

I recently heard about a process called AVR, which allows you to come back to US if you have been to Canada or Mexico and your stay outside US is not more than 30days, with which you can come back to US with out visa stamped

[sendilvera]

if you have valid H1B and Vaild I94 you can return to US without stamping in 30 days of leaving .... Also it applies only Canada & Mexico ....

[Rakee]

Hi soman29. Your prayers worked. :) Can you please share your contact, my contacts is on my profile. You can drop me a note. Mine is renewal and scheduled this month. Need some info.

[tellhammer]

CONGRATULATIONS....GOOD TO HEAR THE NEWS.

[tellhammer]

if you have valid H1B and Vaild I94 you can return to US without stamping in 30 days of leaving .... Also it applies only Canada & Mexico ....

Can you please share the links if you have any. 

[Tjgarla]

Soman29

 

Only Border US consulates allow this. You can come inside the country if you have a reason. But if you had gone inside mexico. Like mexico xity or something you wouldn't have entered into the country.

[soman29]

Hi soman29. Your prayers worked. :) Can you please share your contact, my contacts is on my profile. You can drop me a note. Mine is renewal and scheduled this month. Need some info.

I updated my contact in profile. u can email me

[sendilvera]

Can you please share the links if you have any. 

Check this out :

 

http://forum.murthy.com/index.php?/topic/65049-i-94-issue-while-coming-back-to-us-from-canada/

[US_PT]

soman29

 

 

I can not believe it happened. Probable they used AVR Rule to let you in. But you were not eligible for it as you violated the last term of it. "You can not apply for a new Visa from the country" under this you can not use AVR. Happy for you though brother.

Cheers.

 

Just my opinion, and not a legal advice.

[deeparmani]

Ok I am curious , why do so many people go to canada/mexico for visa stamping? i simply do not understand the reason to travel to canada/mexico for visa stamping. explain please