Legal Question in Immigration Law in Washington


My H1B transfer was approved but my extension of stay was denied.

I should go out of country and re enter US to actiavate my I94.

Can I re enter through any port of entry? Or should I enter the one specified by the USCIS

Asked on 10/17/13, 9:16 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You actually must schedule an appointment with the U.S. Consulate to have the H-1B visa issued first. You cannot just leave the U.S. & re-enter.

You are requested to designate a Consulate on the I-129 petition, so that location is where your file & approval notice have been sent.

If you have already been issued an H-1B visa once, then you might be eligible to apply at a U.S. Consulate in Mexico or Canada as a "third country national". However, you would need to check with the U.S. Consulate first, to see if you are eligible.

I thus would highly recommend discussing all of this with the attorney who filed the case on behalf of your employer for more information & guidance.

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Answered on 10/18/13, 11:54 am

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