Stamping in Matamoros, Mexico, 221 g and i-94 given

[skumar2011]

Hi,

I had H1-B visa interview October 13th 2011 @ matamoros mexico, It was a long interview with the consulate officer, after giving her all the documents she asks finally she says i cannot approve you goback to india and she gave a 221g form and returned all my documents and didn't stamp any cancellation or COWP to my current visa which was expired, with just putting in the form [ Others - 221g] section. I asked if i will be able to enter USA she asked me check with DHS. I went to Immigration @ the us-mexico border, The office gave me i-94 till my new H1-B is valid date and he took $6, even though I didn't had new visa stamping in passport, may be the officer gave me the i-94 because my old visa was not cancelled [ COWP ] . Now I am really confused whether i can work or not and what will happen to my visa.

Please can you let me know if anyone has faced similar issue.

Thanks

Sham

[sampitroda]

Hi,

I had H1-B visa interview October 13th 2011 @ matamoros mexico, It was a long interview with the consulate officer, after giving her all the documents she asks finally she says i cannot approve you goback to india and she gave a 221g form and returned all my documents and didn't stamp any cancellation or COWP to my current visa which was expired, with just putting in the form [ Others - 221g] section. I asked if i will be able to enter USA she asked me check with DHS. I went to Immigration @ the us-mexico border, The office gave me i-94 till my new H1-B is valid date and he took $6, even though I didn't had new visa stamping in passport, may be the officer gave me the i-94 because my old visa was not cancelled [ COWP ] . Now I am really confused whether i can work or not and what will happen to my visa.

Please can you let me know if anyone has faced similar issue.

Thanks

Sham

are you a direct employee or e-v-c?

[skumar2011]

are you a direct employee or e-v-c?

I am EVC model

[mirapakai]

Hi,

Visa is a permission needed to enter but not for staying.

if they give 221G and and your old visa expires, Usual process would be to get a transit Visitors visa to gather your stuff and go to home country for stamping.

If the Visa officer allowed you to enter USA with a expired visa, you are very lucky. Either he did not fully understand that your visa go expired or he was not completely sober when he was letting you in with a expired visa.

Once you enter ,you need valid I-797 to keep your status legal, you can stay in the U.S & and work till it expires . If there was a valid entry stamp in your passport, letting you in was a mistake of the DHS people but not yours. If you are concerned about further problem with immigration, You should consult a immigration lawyer.

All the best.

[skumar2011]

Hi,

Visa is a permission needed to enter but not for staying.

if they give 221G and and your old visa expires, Usual process would be to get a transit Visitors visa to gather your stuff and go to home country for stamping.

If the Visa officer allowed you to enter USA with a expired visa, you are very lucky. Either he did not fully understand that your visa go expired or he was not completely sober when he was letting you in with a expired visa.

Once you enter ,you need valid I-797 to keep your status legal, you can stay in the U.S & and work till it expires . If there was a valid entry stamp in your passport, letting you in was a mistake of the DHS people but not yours. If you are concerned about further problem with immigration, You should consult a immigration lawyer.

All the best.

ThankYou, Yes I am also concerned about the same, when i checked with my employer he says the same thing that he never witnessed such case but he said I can work here in usa and not to travel out of usa.