Automatic Revalidation - US H1b -> Canada

[AT07]

Hi,

I have questions regarding automatic revalidation program.

1). If I-94 in passport is expired, if I-797 has valid I-94, can we renter usa with Automatic revalidation?
2). If there is change of employer, but visa type is same and working for same client, can we renter usa with automatic revalidation?

Please help. Thanks.

 

[CanV]

Hi,

I have questions regarding automatic revalidation program.

1). If I-94 in passport is expired, if I-797 has valid I-94, can we renter usa with Automatic revalidation?
2). If there is change of employer, but visa type is same and working for same client, can we renter usa with automatic revalidation?

Please help. Thanks.

1. There is no such thing as I-94 in passport. It could be stapled to the passport when enter. Yes you can use the ones attached to the bottom of I-797 to you leave to Canada or Mexico and re-enter within a month. You cannot use it to re-enter if you leave Canada or Mexico to another country. Passports from certain countries like Iran cannot use the auto re-validation.

2. When you re-enter, the employment status could be subject to verification. So technically no you cannot have one employer in the I-94 and enter to work for another employer. Did you not transfer employers?

 

[AT07]

Dear Canv,

Thank you for the information. Can you please help me with this question too?

2). If there is change of employer, but visa type is same and working for same client, can we renter usa with automatic revalidation?
Ans). When you re-enter, the employment status could be subject to verification. So technically no you cannot have one employer in the I-94 and enter to work for another employer. Did you not transfer employers?

H1 transfer is done from Company A to Company B and i got my new i-797. Can i use it and enter usa with avr? Please let me know. Thanks.
(However in my passport i had that I-94 expired and that time i was with Company A).

 

[CanV]

Dear Canv,

Thank you for the information. Can you please help me with this question too?

2). If there is change of employer, but visa type is same and working for same client, can we renter usa with automatic revalidation?
Ans). When you re-enter, the employment status could be subject to verification. So technically no you cannot have one employer in the I-94 and enter to work for another employer. Did you not transfer employers?

H1 transfer is done from Company A to Company B and i got my new i-797. Can i use it and enter usa with avr? Please let me know. Thanks.
(However in my passport i had that I-94 expired and that time i was with Company A).

Yes no problem at all with that. Keep both I-94's with you. I am not sure which one they will need to stamp but CBP seem to want to see the one they stamped when you originally entered (the old one attached to your passport). Transfers are common and from what you are saying you have done all paperwork properly.

 

[AT07]

Thank you very much Canv.