catchgul Posted July 28, 2013 Report Share Posted July 28, 2013 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 Their argument was "If its a new job then the visa is no longer valid and I need to get a new Visa" Now we are back in the US and not sure if we are back in status.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. Link to comment
catchgul Posted July 29, 2013 Author Report Share Posted July 29, 2013 I would really appreciate if someone can give some inputs...I am really confused about my status right now and need to know if I can go to a CBP deferred site and get a new I-94 since I already left the US and came back in. Link to comment
immilok Posted August 14, 2013 Report Share Posted August 14, 2013 If the officer stamped your passport, you are now in H status. Even if your I94 is old one. This is my opinion not a legal advice. Link to comment
JoeF Posted August 14, 2013 Report Share Posted August 14, 2013 There are no paper I-94s anymore. It is all electronic now, online at the CBP website. Link to comment
Rakee Posted October 28, 2013 Report Share Posted October 28, 2013 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. Link to comment
Rakee Posted October 28, 2013 Report Share Posted October 28, 2013 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. Link to comment
subbuv29 Posted December 18, 2013 Report Share Posted December 18, 2013 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. Tips- 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 Link to comment
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