H1-B visa exp. on Passport...Need to travel in Cruise

A

arpitshah

Registered Users (C)
Guys,

I have H1-B visa till April 2008 but on passport I have old visa stamping of 2006 only. Now, I want to go into Cruise from Galveston(Houston) to Mexico for 5 days but we are landing in Mexico for just 5-6 hours only. We do have option from curise to not get down into city and remain into cruise. And they confirm with me that I did not need Mexico visa if I am not getting out of ship.

But my biggest concerned about while coming back to USA, at the port of entry US immigration will ask for valid visa stamp into passport or with I-797 copy will work?

Can anybody help me with this or any personal exp. :confused:
 
opinion

i guess i can take a shot at this question. my understanding is that you will re-enter with an expired h1b BUT you have a I-94 (bottom of i-797) valid till april 2008.

two scenarios

POE officer declines to enter you because ur h1b has expired. ( he can do that as re-entry requires a new visa)

POE allows you to enter because ur i-94 is valid and u were not gone more then few days. unlikely and here is why. once u leave the port u have essentially left the country of usa and hence logically you can go anywhere do any thing . this is a good excuse for the POE to decline the entry.

lets suppose u have a valid i-797(i-94) and expired visa and you went to mexcico or canada. will you be allowed to re-enter? ill bet the chances are you will be declined. BUT i have heard people tell stories of entering with expired visas. stories are just that stories. if even one in a million people are denied entry and that one is you why bother with the stats.

so my friend the question you need to ask your self is "am i feeling lucky" well r you ?

ps i am not a lawyer blah blah blah
 
Automatic Visa Revalidation rule allows person to travel to Canada or Mexico and return on expired visa with valid I-94 on I-797. Please check with your attorney whether this is applicable to cruise ships - if positive, then you are good to go.
 
So finally I can go or not........confused again

After reading the link, I got confused myself again guys. So finally with valid I-94, Can I go in cruise. Secondly, while leaving USA, they will take my I-94? Am I correct? Then what i will show while returing.
 
Thanks

manwithnoname said:
Automatic Visa Revalidation rule allows person to travel to Canada or Mexico and return on expired visa with valid I-94 on I-797. Please check with your attorney whether this is applicable to cruise ships - if positive, then you are good to go.
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Thanks for your reply.
 
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