H1 B Visa Stamping with DUI, got I797B - which Consulate????


johnniewaalker

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Hi folks,

(1) I got my H1 B Petition approval copy today i.e. I797 B which doesn't have the I94 included in that. So I need to go out of US and step inside as my current H1 B Visa as well as I94 expired in April 2012. I am in a dliemma to go to either Canada or Mexico for my H1 B visa stamp and I come under EVC model. I have the client Letter too now.

(2) If I decide to go to Canada, I need to apply for Canada TRV (visitor) visa whose processing times are at least one month which is mentioned in the websites and also I cannot go for in person in Los Angeles,CA as I am too far and not sure if Newyork has same day processing facility. The updates on those websites are little confusing. I also have a DUI and I am not sure if I can get the canadian visitor visa for multiple entries or a single entry or may be denied (not sure).

So I have been thinking of going to Nuevo Laredo in Mexico but I haven't blocked any date either.

(3) If I pay the visa processing fee for the US Consulate i.e, MRV fees, will I be able to select my consulate for interview after payment only or is the fees are restricted to a particular consulate? i.e. if I go to the website of US Consulate in Canada and pay the fees, is that fees applicable to that Consulate only or can I use that fee receipt to select US Consulate in Mexico?

(4) What are my chances of H1 B visa approval since I have DUI on me?Has anybody has a similar experience?

I would be very grateful to you all if you can please let me know your thoughts,suggestions about which consulate is better option for me. Also If any body has to step out of US immediately like me and interested in going to Nuevo Laredo,Mexico, let me know, I will join you because I am looking for a company and don't want to go alone.

Thanks,

johnnie.

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Hi folks,

(1) I got my H1 B Petition approval copy today i.e. I797 B which doesn't have the I94 included in that. So I need to go out of US and step inside as my current H1 B Visa as well as I94 expired in April 2012. I am in a dliemma to go to either Canada or Mexico for my H1 B visa stamp and I come under EVC model. I have the client Letter too now.

(2) If I decide to go to Canada, I need to apply for Canada TRV (visitor) visa whose processing times are at least one month which is mentioned in the websites and also I cannot go for in person in Los Angeles,CA as I am too far and not sure if Newyork has same day processing facility. The updates on those websites are little confusing. I also have a DUI and I am not sure if I can get the canadian visitor visa for multiple entries or a single entry or may be denied (not sure).

So I have been thinking of going to Nuevo Laredo in Mexico but I haven't blocked any date either.

(3) If I pay the visa processing fee for the US Consulate i.e, MRV fees, will I be able to select my consulate for interview after payment only or is the fees are restricted to a particular consulate? i.e. if I go to the website of US Consulate in Canada and pay the fees, is that fees applicable to that Consulate only or can I use that fee receipt to select US Consulate in Mexico?

(4) What are my chances of H1 B visa approval since I have DUI on me?Has anybody has a similar experience?

I would be very grateful to you all if you can please let me know your thoughts,suggestions about which consulate is better option for me. Also If any body has to step out of US immediately like me and interested in going to Nuevo Laredo,Mexico, let me know, I will join you because I am looking for a company and don't want to go alone.

Thanks,

johnnie.

If you just wanted to get a new I94 since you don't have it on I797...is that's the only reason you don't have to go for H1B Stamping you can just cross the border and enter into Either Canada or Mexico and come back immediately on AVR (Automatic Visa Revalidation)

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Hi folks,

(1) I got my H1 B Petition approval copy today i.e. I797 B which doesn't have the I94 included in that. So I need to go out of US and step inside as my current H1 B Visa as well as I94 expired in April 2012. I am in a dliemma to go to either Canada or Mexico for my H1 B visa stamp and I come under EVC model. I have the client Letter too now.

(2) If I decide to go to Canada, I need to apply for Canada TRV (visitor) visa whose processing times are at least one month which is mentioned in the websites and also I cannot go for in person in Los Angeles,CA as I am too far and not sure if Newyork has same day processing facility. The updates on those websites are little confusing. I also have a DUI and I am not sure if I can get the canadian visitor visa for multiple entries or a single entry or may be denied (not sure).

So I have been thinking of going to Nuevo Laredo in Mexico but I haven't blocked any date either.

(3) If I pay the visa processing fee for the US Consulate i.e, MRV fees, will I be able to select my consulate for interview after payment only or is the fees are restricted to a particular consulate? i.e. if I go to the website of US Consulate in Canada and pay the fees, is that fees applicable to that Consulate only or can I use that fee receipt to select US Consulate in Mexico?

(4) What are my chances of H1 B visa approval since I have DUI on me?Has anybody has a similar experience?

I would be very grateful to you all if you can please let me know your thoughts,suggestions about which consulate is better option for me. Also If any body has to step out of US immediately like me and interested in going to Nuevo Laredo,Mexico, let me know, I will join you because I am looking for a company and don't want to go alone.

Thanks,

johnnie.

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

If you are planning to re-enter on AVR, you got to keep in mind that you dont surrender your I-94 at the border when you are leaving the US. Incase your passport was renewed and your visa stamp is on the old passport, you need to carry your old passport along. Other than that nothing much. Having an employment verification letter could help.

One thing to note is that a lot of immigration officers are new and some dont know about AVR. If you come across one that doesnt then just ask him/her to go inside and check with the supervisors. To be safe you can carry the print of the telegram.

Automatic Visa Revalidation

US Department of State regulations permit certain non-immigrants to re-enter the United States after a 30-day or less visit to Canada, Mexico, or other adjacent islands (other than Cuba) without having to obtain a new visa prior to re-entry. This is called automatic visa revalidation (AVR).

Automatic revalidation applies in two ways.

1. If you have a visa sticker in your passport that matches your current status, but has expired, that visa sticker is considered to be automatically revalidated to a current date for your return to the U.S.

2. If you have changed status while in the U.S., and you have a visa sticker that matches your old status (either expired or unexpired), that visa sticker is considered to be automatically changed to a stamp matching the new status and revalidated to a current date for your return to the U.S. even though it is not the same as your current status and has, perhaps, expired.

Individuals seeking to benefit from this provision must retain their I-94 when leaving the U.S. as it is essential for re-entry. In addition, all other travel documents relevant to the particular status (passport, DS-2019 for J-1s, I-797 for H-1Bs etc.) must be carried and properly endorsed. When requesting a travel letter from the International Services Office, please state that you will be using the AVR program so your letter may reflect this.

Individuals traveling on passports issued by Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba may not benefit from this provision. Anyone who is visiting Canada or Mexico in order to apply for a new visa may no longer benefit from automatic revalidation. Please note that persons in H status are only eligible for automatic visa revalidation in Canada and Mexico and not in the adjacent islands. Check the U.S. State Department Website for the most recent information.

Telegram

You can print telegram from following link,Its good to have with you in case IO is new and now aware of AVR rule.

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

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Thank you 'itsmeraj001' for replying to my post. Are you sure I can use the AVR for my case. I have read the telegram on the website you have shared here but that is dated March 02 2002 which is more than 10 years old and do you know if they haven't revised any of such telegrams?

A brief description of my case:

Employer A filed for extension in Jan 2012 in PP, got an RFE in Feb 1st week 2012 whose deadline was 05/04/2012, Attorney replied the RFE through Fax instead of mail on 03/13/2012 but the USCIS declined my Petition on 05/25/2012 saying that they haven't received any RFE response till the deadline I have asked the attorney as well as my Employer to send me the proof whether he has send the RFE or not but he never answered my email or phone. I also asked them several times to follow up with USCIS about my case but they never cared and then after my case has been declined, the attorney sent me the email proof that he sent the fax. Then the Attorney assured me that he can get the approval with in 5 days,so I waited again but no use, At last the attorney filed an MTR one month from the day my H1 B got declined.

I got pissed of with employer A and meanwhile Employer B filed a new H1 B petition on June 22 2012 in PP with Consular Processing and got the approval with I797 B on 07/10/2012 i.e. I didn't get the I94. And My previous H1 B Visa as well as I94 were expired on 04/07/2012. I was having a job all this time.

So please confirm whether I can just cross the border and get a new I94 as per the ARV and comeback to US so that I can go for visa stamping at a later date without hurry. Already I am having a bad time and if they don't issue I94, then I have to leave to India from there itself which would be very disappointing.

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"I got pissed of with employer A and meanwhile Employer B filed a new H1 B petition on June 22 2012 in PP with Consular Processing and got the approval with I797 B on 07/10/2012 i.e. I didn't get the I94. And My previous H1 B Visa as well as I94 were expired on 04/07/2012. I was having a job all this time."

With the above sentence it looks like your case is little complicated..if your h1 was applied through consular processing they might have mentioned the Consulate to attend for stamping...AM NOT SURE if we can apply h1 under Consular Processing if you are in US.

And Am Not Sure if "AVR" is applicable in your case because of Consular Processing

NOTE: Please do not a Decision based on my comments. Please consult a professional immigration attorney for this matter

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  • 3 months later...

I'm also in similar situation. I got a DUI this year and I planned to go to Canada for visa stamping and paid $190 MRV fees. I got to know that with DUI I'm inadmissible to enter to Canada. I'm now planning to go to Mexico for stamping, so is that fees applicable to that Consulate only or can I use that fee receipt to select US Consulate in Mexico? Please advise.

Thanks

Arjun

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  • 2 months later...

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