Automatic Revalidation

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caordaz

Registered Users (C)
I am a Mexican national on my first TN renewal. Prior to obtaining the TN Status I was on H1 visa. I did not leave the country during my last year on H1 so I never had to go to the US Consulate in Mexico to apply for a TN visa.

I am now wondering if I might be able to visit Mexico for Christmas and be able to return to the US using automatic revalidation. According to Section 41.112(d) of 22 CFR "aliens who are traveling in territories contiguous to the mainland U.S. or, in some cases, in adjacent islands and whose visas have expired to re-enter the United States without obtaining a new visa. The alien may do so provided that s/he has been outside the U.S. for not more than thirty (30) days and the alien''s I-94 remains valid."

From what I read it is doable, but I fear that I might be risking not being able to return.

What do you all think?
 
If you were remaining in the same status it would definitely be doable. However, i *think* the fact that you have switched from Tn to H1 means that you can't simply 'revalidate' the visa, since it's not an H1 visa.

Of course, it's not that you would not be able to return, it's that you would need a Consular visa, which may be impractical.
 
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In looking further into this I've got good news and bad news:

First, it does appear that even if you are changing status, AVR will work, so long as you bring your h1 paperwork with you (I-797).

The bad news however, if that, specifically, Mexican nationals travelling to mexico, need to get the new Visa. AVR does not apply in this case, presumablt because they feel that it is a simple matter for the mexican to go to a US consulate in Mexico.

I'd be making the appointment.
 
I'd be making the appointment.[/QUOTE]

Thanks nelsona, I knew I'd probably have to end up going to the consulate...
 
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