Hi Folks,
Just wanted to share my H1 stamping (renewal) experience (problem) at Tijuana. Eventhough this happend at Tijuana, it might be relevant to other consulates too.
I work as research scientist for a medical device company and my area is chemistry. Scientist profession / chemistry area falls under Technology Alert List (TAL) and that is one of the main reason for the trouble I had.
Just for your information, the bank at Tijuana opens only at 9 am. So, make sure your appt is at a later time (although they allowed me to report at 9 after getting the draft. Had appt at 8 am). I got called in at about 11 a.m.
The consular asked me what I do and I told her that I was working as a research scientist and I develop insulin formulations. She glanced at my wife and kids and asked me if they were my family, I said yes. She asked me if I had travel plans and I said yes. She then said " I am glad you are here because, your case will take a little longer to process". She said I needed a security check. I asked her if that meant that I will be stuck in Tijuana. She said that she is NOT cancelling my (expired) visa and I MIGHT be able to go into San Diego based on the valid I94. She said that she will call me once the security check is complete or I could call them after 5 weeks. My passport was stamped "received appln on 09-14-04" and was given back along with H1 papers. She took my job description and typed it in her computer (for security check).
I came down to the border. The person at the border who checked my documents said that I cannot enter the country as I do not have a valid visa. I tried to explain to him that the consular said that it is fine. He refused and refered me to OB Court (I don't know what that means). Basically I had to go to another office building and meet an officer. I had to wait about an hour (during which I was calling my travel agent to figure out how I can fly out of Tijuana to India!!). That officer looked at my childrens passport (US Citizens) and then looked at my Valid I94s and then said that "you are good to go!!". He took the new I94 stapled it on the passport and stamped "entered on 09-13-04" and then when I came back to the regular entry point again, I was allowed to enter the country.
Moral of the story, if your occupation is under TAL list the chances are that they might make a security check. This might happen at any consulate including India. (perhaps that is what the consular said that "I am glad you are here". Just prepare your backup plans, no matter where you go. One more thing, I saw her "log" for security checks, it had a lot of chinese names like lu, lee, etc. The log had about 25 names. Which means Tijuana is involved with at least 25 security checks. Now the issue is whether the 25 checks were ordered in 1 year, 6 months, ???? So, the frequency of these checks are unclear. As far as I could see, I did not see Indian names (just had a couple second peek at the log).
If you fly into Canada and Mexico, you will not be able to come back as they would collect your I94. If you drive, you have some chance especially if the consular does not cancel your expired visa. In my case everyone involved including the consular, immigration officer might have given me a break as I had my wife and two children aged 3 and 6.
The article at
http://www.faegre.com/articles/article_1053.aspx and some other articles that I read suggest that "people listed under TAL MUST undergo security check". So, if you are in TAL don't try at Mexico or Canada. Go to India and be prepared for a longer wait.
I will try to update once my security check come through so you guys can have an idea as to how long it takes for the check.
Meanwhile, if any of you know the time it takes for security check, please let me know.
Feel free to ask any questions that you may have, I will try to answer.
ela
