Going to mexico for work when H1 is expired but I 797 is approved.

[naveenstud]

My H1 is expired but I got my I797 approved for, I will be going to India on April and get the H1 Stamped.

My company is sending me to Mexico for company work, Can I get in the country without having my H1 stamped.

My company lawyers said there are some laws which will allow me to enter US even if my H1 is expired.

I am little worried about the situation.

Please guide me if there is any such rule that will allow me to enter US even if my H1 is expired and I797 is approved.


Thanks,
Naveen

[RD_TS]

My H1 is expired but I got my I797 approved for, I will be going to India on April and get the H1 Stamped.

My company is sending me to Mexico for company work, Can I get in the country without having my H1 stamped.

My company lawyers said there are some laws which will allow me to enter US even if my H1 is expired.

I am little worried about the situation.

Please guide me if there is any such rule that will allow me to enter US even if my H1 is expired and I797 is approved.


Thanks,
Naveen

Hello Naveen,

I think your company lawyer is correct. If you have approved I-797 along with the extended I-94 card on that and you are travelling to Canada or Mexico and intend to come back to USA within 30 days, you don't need to get your passport stamped provided

i) you do not surrender your extended I -94 card while going out
ii) you have not applied for visa stamping appointment in Mexico
iii) you will not go out of Mexico before coming back to USA

This works for Canada as I have first hand experience.

But I am not sure, whether this rule will work if you already have taken appointment in US Consulate in INDIA for stamping.

[naveenstud]

Thanks for the instant reply.

Hope everything works fine for me, I have applied for visa appointment in India but have not selected any dates yet.

Thanks again

[RD_TS]

Thanks for the instant reply.

Hope everything works fine for me, I have applied for visa appointment in India but have not selected any dates yet.

Thanks again

As you have already applied for Visa Appointments in India, just make sure with your Company Lawyer whether this rule will work or not