Hi,
I have few questions regarding H-1B transfer via Consular processing filed timely before visa stamp and I-94 expire. Also there are some follow up questions regarding re-entering US with the same visa stamp which was valid when the H-1B transfer petition was pending(hence no unlawful presence) with USCIS but expired by the time I-797B is received. Can anyone of you answer if you have some insights into these?
- H-1B transfer is filed timely via consular processing “before visa stamp and I-94 expire”.
- Visa stamp and I-94 expire when H-1B transfer petition is still pending with USCIS.
- USCIS issues I-797B
- Now, as per USCIS rules and regulations, since H-1B transfer petition was filed before visa stamp and I-94 expiry, the person never overstayed as one does not accrue unlawful presence when the H-1B transfer petition is filed timely before visa stamp and I-94 expire.
- Given the above (4), can the person re-enter US from Canada or Mexico border with the same above visa stamp though it has expired, since the H-1B transfer petition was filed before visa stamp and I-94 expired and hence there has been no unlawful presence whatsoever?
- If the answer to above (5) is “yes”, within how many days the person should re-enter - within 10 days, 15 days, etc of getting I-797B?
- If the answer to above (5) is “no”, is it fine to go to Canada or Mexico(not being a citizen of Canada or Mexico) for H-1B visa stamping in this case(since there is no unlawful presence at all because of timely filed H-1B transfer), even if person has some out-of-status period(which is different from overstay/unlawful presence)?
- Is there any leeway due to COVID on I-94 and visa stamp expiry - like is it fine to re-enter US from Canada or Mexico if only few days(say 1 - 10 days) have passed after visa stamp and I-94 expiry?
Thanks