Returning to US from Mexico if the H1B stamping does not go through

M

metallica_rules

Registered Users (C)
Hi..

I just wanted to know if anyone has experience pertaining to travel back into US from Mexico or Canada if the stamping of H1B on the passport was rejected.

I would ge going to Nogales, MX for the H1B stamping this April.
Well i still have a valid F1 Visa in my passport, will that be enough for a re-entry into the US if my H1B stamping doesnt go through successfully.

Thanks
-P
 
This is very common question and answer is unfortunately NO, you cannot come back in US once they deny your visa because they will be cancelling all your previous visas and will ask you to go to your home country if there is a problem.
 
GC_Lover said:
This is very common question and answer is unfortunately NO, you cannot come back in US once they deny your visa because they will be cancelling all your previous visas and will ask you to go to your home country if there is a problem.
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Well thats what the law says, however there have been cases where the border people have let the person come back if he had valid i-94. I have heard this only in cases where the person got a 221g, not an outright rejection. I am sure that if it is a rejection, they will ask you to go back to home country. The question is - what happens if it is a 221g?
 
Well, getting 221g still means that you have not got your current visa on the passport and they cancelled all your old visas, so you cannot enter the country.
I am only saying you cannot enter the country legally (ofcos illegally you can do many things to get in US), you can try entering by land through the POE and they might let you in but its a huge risk, how many people have done that? If they question you, you are in more trouble.

I won't advice you to do that, but that's just me. :)
 
Thanks for all the info. guys.

Was wondering if anyone if you can give some info. regarding 221g or where can i find info. about it.


-P
 
GC_Lover said:
Well, getting 221g still means that you have not got your current visa on the passport and they cancelled all your old visas, so you cannot enter the country.
I am only saying you cannot enter the country legally (ofcos illegally you can do many things to get in US), you can try entering by land through the POE and they might let you in but its a huge risk, how many people have done that? If they question you, you are in more trouble.

I won't advice you to do that, but that's just me. :)
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I agree GCLover. It is a huge risk and you could not get entry, but its worth a try if you do end up in that situation. I think anybody going to Canada/Mexico for stamping should be mentally prepared to fly out to their home country at short notice.
 
Does not hurt to give it a try

From what I have read on this forum and another forum, some people have been able to Re-Enter the US even if they had Expired I-94 in their Passports. So, I would say, give it a shot..walk into the Border Post and ask to speak to the Immigration Officer. Explain to him your situation and see if you are in luck.
 
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