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Entered on AP, need to re-enter using H1-B

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  • Entered on AP, need to re-enter using H1-B

    Hi,

    I received my H1-B last year in October which is valid till end of April 2011. I entered US in May 2010 using my AP and did not activate my H1-B status. My wife entered using H-4.

    My lawyer has indicated that my wife's H-4 was given in error as I've never activated my H1-B. He asked my wife & I to re-enter US using the H1-B/H-4 to correct the earlier H-4 error.

    I'm based on Southern California and the cheapest way for me is to cross the border into Mexico and return back. However, I've heard that they do not take your I-94 at the entry point into Mexico and the officer will not issue a new I-94 if the earlier is still valid.

    My question is can we request the officer to issue a new I-94 with H1-b stamping? even though my current I-94 with AP stamp is valid?

    Thank you.

    Bobbie C

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