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Travelling by air to Mexico (back to US) with expired visa stamping (H1B & H4)

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  • Travelling by air to Mexico (back to US) with expired visa stamping (H1B & H4)

    Me and my spouse are planning to travel to Mexico for a week in Jan/Feb 2019. We both have Indian passports. I currently hold valid H1B (I797) until Nov 2020. My spouse has a valid H4 (I539) with EAD until Nov 2020. However, our stamping (H1B and H4) on passport expired in Sept 2019. I read from various forums that one can re-enter US with expired H1B stamping as long as we have valid I797 using Automatic re-validation rule. But is this rule valid even for spouses of H1B who are on H4 (stamping expired) and have valid I539? I would like to know if anyone tried this process recently from either Mexico and is there any risk associated? Also, is automatic revalidation applied even when flying back into USA or is it applied only at road border crossing?

    Since we currently do not have valid visa stamp on our passports, do we need to obtain Mexican Visa?Any advice would be greatly appreciated.

    Thanks.
    Last edited by uday029; 11-18-2019, 09:03 PM.

  • #2
    Not 100% sure but I was told not to travel outside USA without H1 stamping even though your visa is valid. You will be asked lot of documents and questions while entering back into US. Automatic re-validation rule mayn't be that easy. Unless you know the laws in and out, be prepared to face it.

    It is worth to try to get Mexican visitor visa to make a trip, so that you will know if it is allowed or not.

    Comment


    • #3
      Originally posted by uday029 View Post
      Me and my spouse are planning to travel to Mexico for a week in Jan/Feb 2019. We both have Indian passports. I currently hold valid H1B (I797) until Nov 2020. My spouse has a valid H4 (I539) with EAD until Nov 2020. However, our stamping (H1B and H4) on passport expired in Sept 2019. I read from various forums that one can re-enter US with expired H1B stamping as long as we have valid I797 using Automatic re-validation rule. But is this rule valid even for spouses of H1B who are on H4 (stamping expired) and have valid I539? I would like to know if anyone tried this process recently from either Mexico and is there any risk associated? Also, is automatic revalidation applied even when flying back into USA or is it applied only at road border crossing?

      Since we currently do not have valid visa stamp on our passports, do we need to obtain Mexican Visa?Any advice would be greatly appreciated.

      Thanks.
      If you are traveling for less than 30 days to Mexico or Canada only, and you will return to the US before the expiration of your current (last issued) I-94, you will be admitted until that last I-94's expiration date.

      If you did a Change of Status to H1b or H1b Extension of Status, then the approval notice (I-797A) of your I-129 approval will come with a paper I-94. If you have not left and re-entered the US after that, then that is your current I-94. (If you had left and re-entered the US after that, then your current I-94 would be the electronic I-94 you got on your last entry.)

      Similarly, since your spouse did a Change of Status to H4 or H4 Extension of Status, then the approval notice (I-797A) of his/her I-539 approval will come with a paper I-94. If he/she has not left and re-entered the US after that, then that is his/her current I-94. (If he/hse had left and re-entered the US after that, then his/her current I-94 would be the electronic I-94 he/she got on his/her last entry.)

      Make sure to carry your last I-94 (paper I-94, or printout of electronic I-94, whichever is applicable) with you when you seek to board the plane back to the US. Yes, you can use Automatic Revalidation when flying back.

      Yes, I believe you will need to get Mexican visas to visit Mexico since you do not have valid US visas.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post

        If you are traveling for less than 30 days to Mexico or Canada only, and you will return to the US before the expiration of your current (last issued) I-94, you will be admitted until that last I-94's expiration date.

        If you did a Change of Status to H1b or H1b Extension of Status, then the approval notice (I-797A) of your I-129 approval will come with a paper I-94. If you have not left and re-entered the US after that, then that is your current I-94. (If you had left and re-entered the US after that, then your current I-94 would be the electronic I-94 you got on your last entry.)

        Similarly, since your spouse did a Change of Status to H4 or H4 Extension of Status, then the approval notice (I-797A) of his/her I-539 approval will come with a paper I-94. If he/she has not left and re-entered the US after that, then that is his/her current I-94. (If he/hse had left and re-entered the US after that, then his/her current I-94 would be the electronic I-94 he/she got on his/her last entry.)

        Make sure to carry your last I-94 (paper I-94, or printout of electronic I-94, whichever is applicable) with you when you seek to board the plane back to the US. Yes, you can use Automatic Revalidation when flying back.

        Yes, I believe you will need to get Mexican visas to visit Mexico since you do not have valid US visas.
        Thank you very much.

        Comment

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