Manish

I do not know the answer for this situation; I hope one of you experts will
Answer this question:

One of my Friend was on H1B recently he got approval for O-1 Visa, he changed status from H1B to O-1 in US, he got new I-94 with his O-1 approval notice and he has also I-94 that was issued to him when he last entered US on H1B, he is Indian passport holder.
His Passport has Still H1B Visa Stamp valid till 2004


He wants to Visit Mexico for 15 days can he return back to USA with out any problems showing O-1 Approval notice or he can not enter with out O-1 Visa sticker in his Passport?

Can he get O-1 visa Stamped in Mexico?

A friend told me that he was on H1B and last year he Visited Mexico and returned with in 20 days showing Valid I-94.
He told me some 30 days rule to visit Canada or Mexico but I see a problem because my friend has H1B Visa Sticker on his passport and when he got O-1 and started working his current status is supposed to be O-1 in US, so he may need O-1 Visa sticker to enter US. I want to know the answer for friend because Immigration law is being changed everyday and I do not have updates to help my friend.


Thanks in advance

Manish

Ingo Pakleppa

On Wed, 07 Aug 2002 22:26:42 -0700, Manish wrote:


    > I do not know the answer for this situation; I hope one of you experts will Answer
    > this question:
    > One of my Friend was on H1B recently he got approval for O-1 Visa, he changed
    > status from H1B to O-1 in US, he got new I-94 with his O-1 approval notice and he
    > has also I-94 that was issued to him when he last entered US on H1B, he is Indian
    > passport holder. His Passport has Still H1B Visa Stamp valid till 2004
    > He wants to Visit Mexico for 15 days can he return back to USA with out any
    > problems showing O-1 Approval notice or he can not enter with out O-1 Visa sticker
    > in his Passport?

He can return to the US without a visa, but he will need to make sure he keeps his
original I-94 (should have been attached at the bottom of the O-1 approval notice).

    > Can he get O-1 visa Stamped in Mexico?

Yes. He will need to make an appointment at a US consulate first. Also, if he
does that and for some reason the visa is denied, he cannot return to the US even
with the I-94.

    > A friend told me that he was on H1B and last year he Visited Mexico and returned
    > with in 20 days showing Valid I-94. He told me some 30 days rule to visit Canada
    > or Mexico but I see a problem because my friend has H1B Visa Sticker on his
    > passport and when he got O-1 and started working his current status is supposed to
    > be O-1 in US, so he may need O-1 Visa sticker to enter US. I want to know the
    > answer for friend because Immigration law is being changed everyday and I do not
    > have updates to help my friend.

The procedure indeed exists and is known as "automatic visa revalidation" It means
that as long as you have a valid I-94, INS will treat you as if you had the correct
type of visa in your passport, even if your visa is actually of a different type or
expired or both. In your case, as long as you have the I-94, you can just show the
expired H-1B to return to the US.

Ingo

Manish

Ingo, Thank you very much for the info but I still need few clarification on the points:
.

1. My friend has Now one I-94 that was issued to him when he enterd US on H1B visa and that I-94 is valid till 2004

My friend has also New I-94 that came with O-1 Approval notice.

My question is
1.Should he show BOTH the I-94 when he tries to enter from Mexico to US at POE
2.will he be admitted in O-1 Status, when he shows the O-1 approval notice and new-I-94 attached to it
3. What he will do with White I-94 that he got when he entred on H1B and that I-94 is also valid

4 on his passport he has H1B Valid visa sticker any problem to enter on O-1 Visa approval notice
regards
Manish

Ingo Pakleppa

On Thu, 08 Aug 2002 21:55:05 -0700, Manish wrote:


    > Ingo, Thank you very much for the info but I still need few clarification on the
    > points: .
    > 1. My friend has Now one I-94 that was issued to him when he enterd US on H1B visa
    > and that I-94 is valid till 2004
    > My friend has also New I-94 that came with O-1 Approval notice.
    > My question is
    > 2.Should he show BOTH the I-94 when he tries to enter from Mexico to US at POE

Yes. Actually, legally they are just one I-94. The second one is considered an
amendment of the first one (they should also have the same number)

    > 3.will he be admitted in O-1 Status, when he shows the O-1 approval notice and
    > new-I-94 attached to it

Yes.

    > 4. What he will do with White I-94 that he got when he entred on H1B and that I-94
    > is also valid

Staple it to the O-1 I-94; they should stay together permanently and never be
separated.

    > 4 on his passport he has H1B Valid visa sticker any problem to enter on O-1 Visa
    > approval notice

Not in this situation. After a visit of less than 30 days to contiguous territory
(Canada or Mexico), a rule called "automatic visa revalidation" allows you to return
to the US. More specifically, this rule says that as long as he shows his O-1 I-94,
whatever visa he has in his passport will be deemed to be an unexpired O-1 visa, even
if the visa has actually expired years ago or is of the different category. In other
words, as long as he stays in Mexico for less than 30 days, doesn't leave Mexico, and
doesn't apply for a US visa, he will, for legal purposes, have a valid O-1 visa even
though H-1B is printed on it.

Ingo