Re-entry to US from Mexico

LoopQuant

New Member
Hello!

I am planning to take a one-week trip to Mexico in Jan but have some concerns about re-entering US. Here some bullet point facts of me.
1. I am holding a Chinese passport expiring in August 2009.
2. In year 2000, I entered U.S. on F-2 visa, and then converted to F1 in 2001. I have never left U.S. territory since my initial entrance.
3. In 2007, I started working for a major American healthcare company with OPT and then got my H1-B visa starting on Oct. 1. 2008.
4. I DO NOT have H1-B visa stamped on my passport. The I-94 form attached to my H1-B approval letter has an expiration date of Aug. 2011.
5. I have never committed any immigration fraud or any type of crime.
6. I am only going to stay in Mexico for one week for tourist purpose and I am not planning to apply for a visa in a US consulate in Mexico.
7. I have not started my green card application process.

I have seen rules of "automatic re-validation" of H1-B status when crossing US border if traveling to Canada/Mexico for less than 30 days. However, some people also said there is some risk if I try to re-enter US with only the H1-B approval letter and I-94. My question is how big this risk is. Because this is only a family leisure trip, if the risk is significant, I would probably call it off.

Thanks very much for any advice and suggestions.
 
it is clearly written rule, not something executed by someone's discretion.
If you follow all the rule of Automatic revalidation and got denied entry at the border, I guess you would be denied entry even though you had H1 stamp.
The point is the risk is pretty much the same as entering the US with any type of travel document.. so I don't call it significant risk.
 
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