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If Visa gets rejected at Mexico or Canada , Can we still reenter US

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  • If Visa gets rejected at Mexico or Canada , Can we still reenter US

    Hi Gurus...Jim,Jaxen ..
    My I94 is valid through Nov\'2002 on my H1B but my visa expired last year...

    Can I apply for visa at mexico border and If my visa gets rejected ,Can I still come back to US based on the I-94 ?

    Gurus , please let me know.

    Thanks

  • #2
    If you have a previous h1 stamp

    you will be let in. Read up your AC21 and the memo references that Jim posted last week, in case you have to stand up for your rights.
    However, with a previous H1 stamp, the likelihood of not getting a new stamp is very less.
    ------------------------------------
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

    Comment


    • #3
      No Title

      Hi jaxen, if your visa gets rejected i think u can enter only till April 1. From April 1st, the rules are changing. If one\'s visa gets rejected in mexico/canada after april 1st then he cannot enter on his previous I-94 and instead he needs to go to his home country from mexico/canada. Also in such situation your home country consulate may look at your case more deeply.

        Confirm this rule change with your attorney.

      Thanks
      Virginia Boy

      Comment


      • #4
        From April 1...

        You need a previous visa that is valid in the passport to enter after the new visa stamping is rejected.
        In this case, this person already has a valid visa stamp and is trying to go to get revalidation. I am advising this person to go for the visa stamping before expiry of the stamp so that he is not affected by the new rule.
        Read up the case again.
        ------------------------------------
        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

        Comment


        • #5
          F1 to H1

          Jaxen,

          I came to USA on F1 and completed my MS 2 years back. After that I got H1B status, but never got H1b visa stamped on my passport. Does the duration of not having actual visa matters? and does it matter, if my company is filling my Green Card? Should I try to get stamp from Canada pr should I try it from my homecountry, India?

          Sincere thanks in advance.
          Nit

          Comment


          • #6
            F1 to h1 might work...

            If you were never out of status, it should not be a problem. Please make sure that you have all the documentation necessary for the H1 stamp. As a backup, be prepared to travel to your home country in the rarest case of visa rejection.
            Not having a stamp does not mean out of status. If the dates overlap (f1,OPT and H1) then you are fine in the status dept.
            ------------------------------------
            IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

            Comment


            • #7
              I do not have a valid visa stamp....

              My visa expired last year only.....but the I-94 on the H1 is valid through november.... Do you advise me to take risk and go to mexico or canada for stamping....

              Thanks for your help....

              Comment


              • #8
                Thank you Jaxen

                Thanks a lot for the advice.

                Comment


                • #9
                  Gctry

                  It is h1 to h1. So you would most probably get the stamp.
                  ------------------------------------
                  IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                  Comment


                  • #10
                    It is H1 to H1...

                    But last year when I sent for revalidation to St.louis they asked me to attend in my home country...Don\'t know the reason......

                    Thanks...

                    Comment

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