Help needed AVR question:H1B approved with i797A but i140 pending

[sk2701]

Hi,

I have my (first) H1B approved with valid i797A/i94 but not stamped on passport.
My i140 application is filed and still pending.
May I know if I am eligible for AVR?

Thanks!

 

[kris72]

There is no dependency on your I-140 being pending or approved. You are good to use AVR as long as you have a valid I-797 with out a stamped visa. just make sure to travel back to US with in 30 days of entry to Canada and have not go attended a US Visa Interview or travelled to another third country from Canada. Some officers are not familiar with the rule so just take a print of it just in case but you should be fine going back to US though.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

 

[sk2701]

Thank you ver much!

 

[Shwetac]

Hey @kris72 I have a similar situation, where I want to visit canada for 2-3 days but,
1) My visa stamp expired Apr 2020, I have valid I797 but my employer has changed since my last stamp.
2) My last stamp was in Calgary

Do I qualify for AVR ? I am little worried as I haven't done this before (especially because of employer change).
Any help is appreciated.

Thanks

 

[kris72]

Hey @kris72 I have a similar situation, where I want to visit canada for 2-3 days but,
1) My visa stamp expired Apr 2020, I have valid I797 but my employer has changed since my last stamp.
2) My last stamp was in Calgary

Do I qualify for AVR ? I am little worried as I haven't done this before (especially because of employer change).
Any help is appreciated.

Thanks

1) Change of employer doesn't matter as long as you have a valid I-797A with new employer, you are good to use AVR
2) Yep, last stamp doesn't matter too. Same as above (1) just carry the original valid I-797A and general stuff such as Proof of employment and paystubs just in case. If you travel via land border you end up paying some fee for new I-94 paper based which is about $6 I believe.