Going to Juarez,Mexico For H1B TO H1B Transfer next week

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sanju1502

Registered Users (C)
Hi
  Iam going to juarez,Mexico for transfer of H1B to H1B next week.Right now Iam in US.The current H1B validity is upto OCT-14 2002.So is there any risk of going there.I have a Master\'s degree in computer sci. from india.Moreover i have almost all papers genuine like current paystubs and all.What will happen if my visa got denied in mexico.Do I have to return back to india from there.Or I can come back here in US.Please provide your suggestion.And plaese guide me what is good for me.Thanks
 
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You did not mention about the visa stamp? If you have a valid visa stamp you do not have any problem, else you might not be allowed back into USA if for some reason they do not issue you a new visa stamp. You may be in valid H-1B status, but may not have a visa stamp on your passport.
 
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Well I have valid visa stamp in my passport upto OCT-14-2002.So can i come to US if my new visa is denied in mexico.Reply awaited from u all.Thanks
 
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Thanks for the reply Debasis.But I have one more doubt.Why then there is a rule from 1st April that If for some reason the new visa is denied in mexico/canada then we have to go back to our home country?Will this rule won\'t be applicable to me if my new visa got denied?(Even I have a visa stamp upto OCT-14-2002).Please reply.Thanks
 
What will happen in this case.

If my H1 Visa is expired and I come back to US on Advance Parole.When I get my H1 extension I go to Canada to get Visa stamped but get rejected.Can I come back to US on AP again or no ?.
 
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No clear cut indication on this point. This rule seems to have been formulated to give some room to the visa issuing authorities to properly adjudicate the individual cases; and if for any reason you are denied or refused a visa stamp then they felt that they do not have any reason to admit that person into USA under the present circumstances, pending adjudication.

Interesting point to note: (from the www.immigration-law.com web site)

If any of you have a schedule to appear at one of the American Consulates in these countries (Canada/Mexico) and are scheduled to return to the U.S. on or after Monday, April 1; you should reconsider it if you do not have a valid visa in your passport. Even if you have a valid visa, you will not be able to return to the U.S. on that visa if you applied for a change of status, for instance, from F-1 to H-1B in the U.S.and you are no longer in school. People who obtained a change of nonimmigrant status within the U.S. should review his/her situation before he/she leaves the U.S. If any of you are still in Canada or Mexico to obtain a new visa stamp but do not have a valid visa stamp in the passport, you may want to return to the U.S. before Monday, especially if you think that you have some chances of denial of visa issuance by the American Consulates in Canada or Mexico. Remember that a valid I-94 is not, repeat not, enough to return to the U.S. if you travelled over to the contiguous countries and applied for a U.S. visa, unless you have a valid visa in the passport.
 
Sanju, can u go for visa so early

I didnt know/think you could go for your second stamping , before 30 days prior to your stamp expiry date. If u go now you will be months early. Can anyone confirm if you can even do this 4 or 5 months before expiry of another visa ? Thanks.
 
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