Rentry on expired F1 but valid I-797

E

ePhy

Registered Users (C)
I'm planning to go to Mexico for first H1B stamping. I was on F1, OPT and then academic H1. No gaps in any status. Haven't left USA since OPT started a year ago.

Now my F1 visa and OPT has expired. If US consulate in Mexico with-hold my application for TAL, 221g, whatever, Can I re-enter USA on expired F1 but valid I-797 and the I-94 that comes with it.

I'm seeing conflicting posts regarding this issue. Please help.

Thanks
 
No. The "automatic revalidation" works only when you did not apply for a visa while you are in Mexico. Even if it did, you won't be qualified because it is your first H-1B and not revalidation.

If you apply for a visa, first time or revalidation, and the Consulate would not issue a visa for any reason, you won't be able to reenter the U.S. without your new visa issued first.
 
You must log in or register to reply here.
Top