> crg14624 wrote:
> > > Dear Brian,
> > >
> > > I have the same situation.
> > >
> > > Recently, I got my H-1B transfer approval notice for a financial
> > > company.
> > >
> > > The company requires me to go to Mexico on Feb 2006 to set up
> > > their
> > > office, but i do not have H-1B visa stamp.
> > >
> > > Could i return to US with my I-94, H-1B approval notice, and I-
> > > 797 ?
> > >
> > > While I will be in Mexico, can i go to US consulate to get visa
> > > stamp
> > > without surrender my I-94 and I-797?
> > > I am afraid that they will reject my visa stamp and I need to go
> > > back
> > > home (Indonesia).It will take 1 month to get an appointment at US
> > > embassy in my country.
> > >
> > > Thanks,
> > > Newbie
> > If the trip is for less than 30 days, only to Mexico, and you don't
> > have
> > any 212(d)(3)(A) waivers then you can reenter an expired visa, valid
> > passport, and valid I-94.
> > If you apply for the new visa while outside the US (like in Mexico),
> > then you cannot seek to reenter the US until you get the new visa.
>
> I guess this is the answer to what I just asked (in the middle of the
> thread) what would happen if I didn't get F-1 visa stamp in Mexico and
> whether I could enetered back as my I-94 was taken away when I crossed
> to Mexico. But,
>
> how come my classmate (he was one sesmeter away from graduating, I
> was
> not) who went to Mexico after I did, for the same purpose didn't get
> the visa stamp. He was able to get back into US. I don't know whether
> his I-94 was collected when he crossed to the Mexico. I assumed that
> it was.
>
> He went to Mexico after I did after learning from my freind about my
> trip (they are Chinese). I think he was asked why he's seeking the
> visa. I remembered my classmate saying that he replied that he wanted
> to go visit China. He wasn't serious about it the visit. Also, just
> like I have, he had been in US for a long time, i.e he worked after
> his
> first grad degree and this was his second degree just like me.
>
> I realized something now: I had a new passport by then since my
> embassay (government) wouldn't extend after so many years and the main
> office back home issues a new one. My new passport had no visa stamp
> and hence I had nothing that would show whether I had ever stepped
> out
> of US before. I didn't have to fill a form where I had to saythe
> initial date I entered US and so the officer was aware how long I
> have
> been in US. I just realized that he just wouldn't know whether I had
> visited home during those years already which I didn't just like my
> classmate never visited home since he's got to US. For the property I
> showed - a condo in my name given to me by my family - he asked what I
> was going to dow ith it. I just shrugged as once I take citizenship of
> another country, the government takes away that property. So, if I do
> plan to become a USC, I would put it in a family member's name there.
> Anyway,
>
> I guess I was lucky that my old passport was gone. I think the
> officer
> asked me why I wanted the visa stamp. I think it's a silly question
> because how else I would visit even Mexico and be able to go back to
> school. I am glad that I got to vsiit as I am stuck now, i.e can't
> visit with the grenecard. Yup the thugs that rules the country won't
> acknowldge US greencard and the only way I would be able to leave the
> airport and get on the plane to US is to have a visa stamp on my
> passport. But, I also need a letter from the my Embassy to be able to
> keep the apssport upon entering the country which they routinely would
> take it away. I think Cuba is freerer. Anyway, I wonder how my
> classmate got back in w/o the visa.
F-1 are special. They can automatically revalidate with an expired
visa, even if the I-94 was surrendered or lost as long as the visit is
less than 30 days. A new I-94 can be reissued with a valid I-20 a visa
that is expired and/or in a different category.
However, when they apply for the new visa, they can't revalidate. The
consulate will cancel the expired visa when the new visa is applied for.
It's more strict now than it had been. Maybe they dropped the ball at
the border. Either that or he merely inquired about getting a new visa
and didn't actually submit the application at the consulate.
Citizens of China should also be aware that their passports need the
extra six months. They expire for travel to the US or remaining in the
US six months prior to the date indicated.
--
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