Automatic Visa Revalidation (AVR) to enter USA with no H1B stamp (first H1B)

[sk2701]

Hi,

I am currently in USA with expired F1 status and my first approved H1B on 10/1/2019 (I-797A in country change of status with i94). Could you kindly please provide me some guidance on below question?

• My COPR expires Feb 2021, As I have not travelled I do not have a H1B stamp on my passport.
• - I have valid I797A with i94 attached/ F1 VISA is expired.
• - My wife has H4 visa stamped as she came to USA last year after my H1B approval.

Can we use the AVR process without H1B stamping as I am planning to do a soft land in December 2020/January 2021?

Thanks a lot!

 

[starlordavuthu]

Hi,

I am currently in USA with expired F1 status and my first approved H1B on 10/1/2019 (I-797A in country change of status with i94). Could you kindly please provide me some guidance on below question?

• My COPR expires Feb 2021, As I have not travelled I do not have a H1B stamp on my passport.
• - I have valid I797A with i94 attached/ F1 VISA is expired.
• - My wife has H4 visa stamped as she came to USA last year after my H1B approval.

Can we use the AVR process without H1B stamping as I am planning to do a soft land in December 2020/January 2021?

Thanks a lot!

As long as you have valid I94 you can use AVR

 

[sk2701]

As long as you have valid I94 you can use AVR

Thank you for the response. In my I797A I have an original I-94 document attached valid till 9/2022 but in the i94 website my class of admission is still "F1" with Admit Until Date : D/S. Will this be a problem? (or) a new paper i94 will be provided to me during the re-entry to USA? Thanks!

 

[harirajmohan]

Thank you for the response. In my I797A I have an original I-94 document attached valid till 9/2022 but in the i94 website my class of admission is still "F1" with Admit Until Date : D/S. Will this be a problem? (or) a new paper i94 will be provided to me during the re-entry to USA? Thanks!

Online I94 doesnt get updated after its originally issued by cbp. So dont worry about it.
New (paper) I94 is also not given for all as it depends on the officer totally. So dont expect a new one too. Just travel.

 

[Scalphunter]

I'm in the exam same boat. Came to US as a student on F-1. Moved to H-1B and never left the country. Nice to know we can just use AVR. I plan on doing just that for my soft landing in the future.

 

[Kan2020]

Hello All,

I too plan to use the AVR route in the near future. However in my case, I have an expired H1B visa stamp from a past employer and current I797 with a valid I94 attached from my current employer. Just checking if the AVR option is still applicable.
Thank you.

 

[swan0206]

Online I94 doesnt get updated after its originally issued by cbp. So dont worry about it.
New (paper) I94 is also not given for all as it depends on the officer totally. So dont expect a new one too. Just travel.

Hi Hariraj,

Thanks for all your inputs previously.

Successfully back to US after 29 days staying in Canada using AVR. I was given a new i94 at my entry with maxout time (06-2023). Now, i have a question, can this be used to re-enter beyond 30days? Not sure if anyone have tried that after getting a new i94 at the border.


Thanks

 

[harirajmohan]

Successfully back to US after 29 days staying in Canada using AVR. I was given a new i94 at my entry with maxout time (06-2023).
1. Now, i have a question, can this be used to re-enter beyond 30days?
2. Not sure if anyone have tried that after getting a new i94 at the border.

1. No. There is no guideline/instruction/law from DHS for the same. So its up to you if you want to take risk.
2. Yes. Some cbp officers are allowing people even after 30 days just by looking the expiry date in I94 but it goes back to #1.

 

[swan0206]

1. No. There is no guideline/instruction/law from DHS for the same. So its up to you if you want to take risk.
2. Yes. Some cbp officers are allowing people even after 30 days just by looking the expiry date in I94 but it goes back to #1.

Got it. However, i am not going to make it till the end. But making it sure just in case. Are you planning to go to Visa if consulates open?

Thanks.

 

[harirajmohan]

Are you planning to go to Visa if consulates open?

No, luckily i rushed( to mail) the documents to the consulate on Mar 17 after seeing the notice from consulate on cancelling appointments. Luckily i have dropbox eligibility which solved the visa problem this year easily even when appointments were cancelled in Mar. So i got it stamped hence no headache for visa for 2 years.
This month my family received H4 under approved emergency request hence no visa headache for all 3 of us for 2 years.
Thanks for asking.

 

[swan0206]

No, luckily i rushed( to mail) the documents to the consulate on Mar 17 after seeing the notice from consulate on cancelling appointments. Luckily i have dropbox eligibility which solved the visa problem this year easily even when appointments were cancelled in Mar. So i got it stamped hence no headache for visa for 2 years.
This month my family received H4 under approved emergency request hence no visa headache for all 3 of us for 2 years.
Thanks for asking.

Thants great. Happy for you Would i be eligible for dropbox? My last Visa was stamped in India in July 2018 and expired in July 2020. Now i wanted to do it in Canada. Am i eligible? Read the news about 24months window instead of 12months.

 

[harirajmohan]

Thants great. Happy for you Would i be eligible for dropbox? My last Visa was stamped in India in July 2018 and expired in July 2020. Now i wanted to do it in Canada. Am i eligible? Read the news about 24months window instead of 12months.

As far as i know, It needs to be same last location(/country) too (not just 24 months). You fill the detail in the site and it will automatically will lead you to either book the appointment or mail the documents. So you will only know after you start creating your profile and after proceeding further with paying fee.

 

[swan0206]

As far as i know, It needs to be same last location(/country) too (not just 24 months). You fill the detail in the site and it will automatically will lead you to either book the appointment or mail the documents. So you will only know after you start creating your profile and after proceeding further with paying fee.

Got it. thanks hari.

 

[canprofus]

Hi Hariraj,

Thanks for all your inputs previously.

Successfully back to US after 29 days staying in Canada using AVR. I was given a new i94 at my entry with maxout time (06-2023). Now, i have a question, can this be used to re-enter beyond 30days? Not sure if anyone have tried that after getting a new i94 at the border.


Thanks

Did you already have i94 with your petition (i797a) on top of which they gave this new i94?
Also, did you use Champlain port of entry? what questions did they ask during entry? Did you ask what were you doing in Canada?

 

[swan0206]

Did you already have i94 with your petition (i797a) on top of which they gave this new i94?
Also, did you use Champlain port of entry? what questions did they ask during entry? Did you ask what were you doing in Canada?

Yes, there was paper slip stapled to my passport.

Yes, i have the Champlain POE.

Only one entry point was open(one car infront of me, no cars backside).

i was called with a hand wave. stopped my car.

Me: going through all the posts, i was only having in my mind to handover the i797copy, did not handover him the passport(my bad).
Officer: Give me your passport(Where do you stay)?
Me: Gave my passport, New jersey
Officer: Your visa is expired, was this your first renewal.
Me: got confused, said it was 2nd.
Officer: he elaborated and repeated the question again.
Me: Sorry, yes this is my first extension. i am sorry.
Officer: ok, checking something in the system(please open your trunk. There was another officer with him who checked my trunk). Done with checking and handed-over the passport and my i797 copy to that officer and asked me to pull over my car to Secondary inspection, meanwhile asked me "Do you have any questions"
Me: No officer.
Me: I pulled over. In 2mins second officer came and asked me to wait inside the car(sipping my coffee, too many questions in my head)
After 10mins, two officers, a lady officer and one male officer, came out, asked me to leave my car there and come inside(its just 2mins of work, we need to take your fingerprints, i was ok, i am done).

Me: went inside( the office is full of officers at all counters, i am the only one traveller there), officer directed me to counter 8.
Officer at the counter: your right hand four fingers( he is explaining to another officer beside him about AVR, may be he is on training). asked me for $6, i told no cash, credit is fine.

They printed a white slip with details. (meanwhile officer at counter: what do you do
Me: I am a software engineer.
Officer: Ok, next time, present both of these(passport with the i94slip and i797). you are good to go.
Me: Thank you. You have a good day.