AVR route back into the US from Canada but with a different employer's I797

[bluesaffron]

Hello All -
I have a quick question(s) regarding AVR entry to the US.

Background:
I have a Canada PR and am planning to move (road trip) to Canada around Jan 14th, 2021. I have to, however, make a quick trip back to the US for 2-3 days within 30 days (using AVR), and then return to Canada again.
I have to use the AVR process because my current stamped Visa has expired but I do have a valid I-797/I-94 (expiring September 2021) which I could use for entry back to the US via the AVR process.
I cannot postpone my travel plan because of the 2/5 year rule to maintain the Canada PR.


Question Part 1:
I JUST realized/remembered that the I797 I have is from employer A, and employer B acquired employer A last year. Meaning I am getting paid by employer B at the moment, but the I797 I am carrying is from employer A.
The attorneys (at the time of acquisition) assured that they need not file a transfer of the H1b due to the nature of the acquisition and that they will renew my H1B under employer B's name when the H1B renewal time comes...

Any thoughts on if the AVR route is a good option in the above use case?

Question Part 2:
I have been trying to get my Visa stamped as well, and luckily a few days back, I got a Visa stamping appointment in the US embassy on Feb 2021... (I got this appointment on Jan 1, 2021 - after the travel ban extension was announced)
So, I do have an option to just get my Visa stamped in February (assuming it goes well), and use that to re-enter the US in mid-February for 2-3 days...
However, with this travel ban extension announced till March 2021, I am confused as to why/how even I got the appointment for stamping?
I am thinking it will be safe to just use the AVR process, but is it really a good idea given the use case in PART 1?

Kindly advise ...

Thank You

 

[DEEPCUR]

If attorneys have opined that amendment is not required, then you might be good. But the biggest challenge in your case would be explaining this to CBP at the border. We have no way to know how they would interpret this. Anyways as you have decided to move, you need to take a leap of faith on this and move forward with this and take as it comes. See if you can get some letter from your employer's attorney detailing the acquisition in some way with legal citations. That way you could be better armed to deal this..

Also I'm fairly certain that your appointment will be cancelled in course of time closer to your appointment date. I don't see any possibility for getting appointments anytime in next six months at least due to covid situation. Just plan accordingly.

 

[swan0206]

If attorneys have opined that amendment is not required, then you might be good. But the biggest challenge in your case would be explaining this to CBP at the border. We have no way to know how they would interpret this. Anyways as you have decided to move, you need to take a leap of faith on this and move forward with this and take as it comes. See if you can get some letter from your employer's attorney detailing the acquisition in some way with legal citations. That way you could be better armed to deal this..

Also I'm fairly certain that your appointment will be cancelled in course of time closer to your appointment date. I don't see any possibility for getting appointments anytime in next six months at least due to covid situation. Just plan accordingly.

Hi Deep,

Do you know any cases where people used AVR after 30days? or if we go for the interview after 4 or 5 months, would the officer in interview question, why do you want a H1b when you are working from home. I am not sure if this question would come up, but most of the officers know that IT folks are having wfh option.
Because, recently when i entered Canada the cbsa officer was asking me, were you not allowed to work from home. i had given him the actual reason this time as i have travelled to my work place. But next time, i am not sure as i wont be travelling to office but have to enter to keep my AVR active.

 

[swan0206]

Hi Deep,

Do you know any cases where people used AVR after 30days? or if we go for the interview after 4 or 5 months, would the officer in interview question, why do you want a H1b when you are working from home. I am not sure if this question would come up, but most of the officers know that IT folks are having wfh option.
Because, recently when i entered Canada the cbsa officer was asking me, were you not allowed to work from home. i had given him the actual reason this time as i have travelled to my work place. But next time, i am not sure as i wont be travelling to office but have to enter to keep my AVR active.

@DEEPCUR ??

 

[DEEPCUR]

Hi Deep,

Do you know any cases where people used AVR after 30days? or if we go for the interview after 4 or 5 months, would the officer in interview question, why do you want a H1b when you are working from home. I am not sure if this question would come up, but most of the officers know that IT folks are having wfh option.
Because, recently when i entered Canada the cbsa officer was asking me, were you not allowed to work from home. i had given him the actual reason this time as i have travelled to my work place. But next time, i am not sure as i wont be travelling to office but have to enter to keep my AVR active.

i don't believe they could ask that. an employer is petitioning you to work from a particular location in US, so they cannot question that part... moreover they understand that offices will reopen eventually.. if this was the case, nobody from Facebook or Google could ever get visa because they openly announced that they will be fully remote.

 

[swan0206]

i don't believe they could ask that. an employer is petitioning you to work from a particular location in US, so they cannot question that part... moreover they understand that offices will reopen eventually.. if this was the case, nobody from Facebook or Google could ever get visa because they openly announced that they will be fully remote.

Thanks for that. As i am using AVR now, i had no real reason to travel but to just keep my AVR active. What would you think will be best answer i can give at both sides, as of now, only i can say is travelling to work place(but not actually travelling to work place). Because they keep asking are you not allowed to work remotely.

 

[Miley11]

Thanks for that. As i am using AVR now, i had no real reason to travel but to just keep my AVR active. What would you think will be best answer i can give at both sides, as of now, only i can say is travelling to work place(but not actually travelling to work place). Because they keep asking are you not allowed to work remotely.

In a similar situation here. How was your previous AVR experience when entering the US? If you don't mind sharing, what questions were asked when you entered US from CAN, and vice-versa?

 

[swan0206]

In a similar situation here. How was your previous AVR experience when entering the US? If you don't mind sharing, what questions were asked when you entered US from CAN, and vice-versa?

On US side:

What are you doing today? Ans: Going to work.
Where do you work?
I am holding i797 in my hand, Is that an extension in your hands, Yes sir(handed it over to him)
What are you doing in Canada?
you are good to go.

*****************************************

On Canada side:

Where do you stay?
how long was your trip?
What is the purpose of your trip?
What do you do?
Are you not allowed to work from Home?
Are you carrying anything in the back? Ans: No.
You are good to go.


Thanks.

 

[Miley11]

On US side:

What are you doing today? Ans: Going to work.
Where do you work?
I am holding i797 in my hand, Is that an extension in your hands, Yes sir(handed it over to him)
What are you doing in Canada?
you are good to go.

*****************************************

On Canada side:

Where do you stay?
how long was your trip?
What is the purpose of your trip?
What do you do?
Are you not allowed to work from Home?
Are you carrying anything in the back? Ans: No.
You are good to go.


Thanks.

Thanks, this is very helpful.