New I-94 not issued at Tijuana/Mexico border


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Hi All


This post is in continuation of my earlier post about re-entering the US in order to re-instate my status.


I have a valid H1-B stamp on my passport through my previous employer and on changing jobs a new H1-B petition was approved without an I-94 so we decided to go to Tijuana/Mexico in order to get a new I-94.


We crossed the border on foot this morning. On Mexico side the CBP officer just looked at my visa and issued me an I-94 based on the old visa and also stamped my passport for entry. I asked the officer if he gave me the new I-94 based on the new H1-B approval which led to him scrutinizing the new approval. After that he discussed it with his supervisor and refused to give me the new I-94. He returned the old I-94 to me.


For my wife he didn't even stamp it and returned her old I-94 too. I tried to convince them and also went to another counter but they simply refused to give a new I-94. Their argument was "If its a new job then the visa is no longer valid and I need to get a new Visa"


Now we are back in the US and not sure if we are back in status.

I am very confused and dont know what to do. Already sent the details to my company attorney and waiting on a response.


My question is, this clearly looks like a case where the CBP officers were not really correct so can I not plead my case in front of the CBP deferred locations? 


Can someone please throw some light on this.

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  • 3 weeks later...
  • 2 months later...

I-94 went online, you might have already pulled your admission validity online. However I got in touch with one person back from Tijuana Mex, whose I-94 Admission when retrived online showed the date validity as "D/S" not sure what it means. Can expect less help only with CBP deferred or USCIS locations.

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Here is what I could infer from your say "have a valid H1-B stamp on my passport through my previous employer and on changing jobs a new H1-B

petition was approved without an I-94 so we decided to go to Tijuana/Mexico in order to get a new I-94."


Consulting Attorney would be of help as "H1-B transfer or extension which I have witnessed that are (Approved I-797A) came along with a detachable portion of I-94 at the botton with new extended I-94 validity" not a clue on why it didnt in your case. Hope it is verified by you that as new I-797 got approved the new I-94 admission date might have got updated online overriding the old I-94 date, since you didnt receive it on hardcopy of I-797.. Sorry If I have misunderstood. These are just my thoughts.

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  • 1 month later...

Thanks gusy for all the inputs on this thread. They helped me a lot and hence I wanted to share mine


I drove to the San Diego I-5 south last exit and parked my car at a parking garage in s shopping mall just near the crossing gate. I walked across the bridge  that goes over the freeway and and followed signs for Mexican border. I saw a revolving gate manned by Mexican Border security. I went past that revolving gate and I was in Mexico. While in Mexico, i tried to go to the Tourist office to buy a tourist permit as advised by my attorney but I could not find the office once I was in Mexico because there were no visible boards.

I stood in line for I-94 permit. This line is huge and it takes along time. This line forms immediately as you cross the gate that leads into Mexico and you have to make a right at the slope after the entry gate.

Once you enter the white gate, manned by US Border officers ( a few are good and pleasant and a few are very arrogant), you have to wait to enter the permit building.

Once inside, you need to first pay the 6$ fees and he will give a card and receipt. The cashier asked em the reason for new I94 and a visa before he gave me a receipt and I showed him the valid visa and new I797 approval notice of the new company  and told him I will be joining a new job on Monday. He was convinced and told me to stand in line at the counter that issues I94.

I was there on Friday night at around 8.30 PM and there were only 3 counters open. The Border officer asked me the reason I want to renew my I94 as my existing one was valid till 2014, my passport to scan, the name and address of the new company and my role. I answered him confidently and he entered the details in the system. I was then told to scan my left 4 fingers followed by left thumb and then same for the right hand. He then printed the new I94 and he attached that to my passport and I was all set.

Finally, I stood in line to enter the US again and the officers at the final security check point just asked me if I am carrying anything from Mexico inside USA and i said no and they scanned my bag through the machine and I was allowed to enter back in.



Take food and water as lines are too long

Take a jacket in cold weather

Be confident

Be ready with 6$ cash


All the best





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