Automatic Visa Revalidation (AVR) to enter USA

[krohit01]

1. No, new I94 can be issued anytime by cbp(doesnt matter if its avr). Technically you are seeking new entry whenever you enter the country hence they can very well process you as a fresh candidate.
2. No difference(except not sure what would happen if there is any pending applications with uscis - not heard much of stories of that kind)

What about the class of admission?
My last visa is a F1 Visa but in June 2019 I changed status to H1. I don't have a H1 stamp yet.
The i94 that I got issued at border says class of admission as F1. Shouldn't that have been updated to H1?

 

[harirajmohan]

What about the class of admission?
My last visa is a F1 Visa but in June 2019 I changed status to H1. I don't have a H1 stamp yet.
The i94 that I got issued at border says class of admission as F1. Shouldn't that have been updated to H1?

If you applied for change of status then your I797 would have been issued with H1 status. Your recent I94 is your current status from Oct 1st. So previous F1 status is not valid anymore. I saw some blogs have the same scenario and had no issues.
Also you would be keeping the recent I94 in your passport which will show the officer to admit you in H1 if at all they want to reissue I94. Should not be a problem.
if they try to issue I94 on F1 then tell that you changed the status to H1 and show the I797 so that you would get the admission with correct visa type.

 

[krohit01]

Yes my i797 says H1 and I did show it to the officer who confirmed that I am not on F1 anymore and that in June 2019 I changed to H1. He also confirmed the employer name but when I came home and checked i94 online it still said class of admission as F1.

Not sure what's going on here.

 

[harirajmohan]

Yes my i797 says H1 and I did show it to the officer who confirmed that I am not on F1 anymore and that in June 2019 I changed to H1. He also confirmed the employer name but when I came home and checked i94 online it still said class of admission as F1.

Not sure what's going on here.

Online they dont update on anything as far as i see. thats why they dont update the extended i94 expiry date too. so you should be fine as long as the recent i94 issued by uscis/cbp is the visa type you need.

 

[krohit01]

I was able to go to cbp office at Newark and gget it fixed.
However what I found out is when you cross land border they only issue i94 for driver. For other passengers it has to be requested.
For my wife who was in same situation as me they did not issue new i94....only her travel history was updated.

 

[nitin.2011]

Hi,

I have question. I am planning to go to Canada/Mexico on Expired H4 Visa Stamp with Valid I-797 and I-94. Do I also need to apply for Canadian/Mexican tourist visa?

 

[lampbreaker]

Hi,

I have question. I am planning to go to Canada/Mexico on Expired H4 Visa Stamp with Valid I-797 and I-94. Do I also need to apply for Canadian/Mexican tourist visa?

Canada, yes.
Mexico, no.

 

[DEEPCUR]

I was able to go to cbp office at Newark and gget it fixed.
However what I found out is when you cross land border they only issue i94 for driver. For other passengers it has to be requested.
For my wife who was in same situation as me they did not issue new i94....only her travel history was updated.

Not necessarily.. when I landed and came back, they didn't issue i94 for anyone.. neither for myself nor for family. They probably issued one for you because you had change of status and not necessarily the driver.

 

[ush1btocanadapr]

Dear @harirajmohan ,
I have been reading up on this thread lately and I wanted to thank you for your immense help you are providing everyone. God Bless You!

I feel like you have already answered this for someone else, but I wanted to run my specific case with you, before I plan any next steps. Could you help with my case please?

Status:

• United States H1B
• Valid i797 but expired date on Passport
• Visa Appointment Date: Feb End @ Toronto
• Have Canadian PR

I was not aware of the Automatic Visa Re-validation, while taking up the Stamping Appointment date more than a year back (have rescheduled it multiple times until now). I now know about it and want to use it to make multiple trips to Canada for job interviews in the coming weeks of January 2020 (I do not want to wait till end of Feb 2020 for stamping interview. I live in Seattle and intend to do multiple trips to Vancouver using AVR for potential interviews in coming weeks)

Based on my current status, would I be eligible for Automatic Visa Re-validation if I say travel to Vancouver? Or would I become eligible only after cancelling the interview? Or does it not matter, ie, as long as I do not show up for the interview, am I eligible for Automatic Visa Re-validation?

If you say I do currently qualify for Automatic Visa Re-validation, I will go ahead and cancel my interview, since I have a Canadian PR and I directly plan to move there by April and dont really need the stamping for future stay in the US.

Many thanks for your reply!

 

[lampbreaker]

Dear @harirajmohan ,
I have been reading up on this thread lately and I wanted to thank you for your immense help you are providing everyone. God Bless You!

I feel like you have already answered this for someone else, but I wanted to run my specific case with you, before I plan any next steps. Could you help with my case please?

Status:

• United States H1B
• Valid i797 but expired date on Passport
• Visa Appointment Date: Feb End @ Toronto
• Have Canadian PR

I was not aware of the Automatic Visa Re-validation, while taking up the Stamping Appointment date more than a year back (have rescheduled it multiple times until now). I now know about it and want to use it to make multiple trips to Canada for job interviews in the coming weeks of January 2020 (I do not want to wait till end of Feb 2020 for stamping interview. I live in Seattle and intend to do multiple trips to Vancouver using AVR for potential interviews in coming weeks)

Based on my current status, would I be eligible for Automatic Visa Re-validation if I say travel to Vancouver? Or would I become eligible only after cancelling the interview? Or does it not matter, ie, as long as I do not show up for the interview, am I eligible for Automatic Visa Re-validation?

If you say I do currently qualify for Automatic Visa Re-validation, I will go ahead and cancel my interview, since I have a Canadian PR and I directly plan to move there by April and dont really need the stamping for future stay in the US.

Many thanks for your reply!

You become ineligible, if you apply for the Visa during your Canada trip. You will not be applying for a Visa during your January trips. So, you will remain eligible to use AVR.

 

[harirajmohan]

Dear @harirajmohan ,
I have been reading up on this thread lately and I wanted to thank you for your immense help you are providing everyone. God Bless You!

I feel like you have already answered this for someone else, but I wanted to run my specific case with you, before I plan any next steps. Could you help with my case please?

Status:

• United States H1B
• Valid i797 but expired date on Passport
• Visa Appointment Date: Feb End @ Toronto
• Have Canadian PR

I was not aware of the Automatic Visa Re-validation, while taking up the Stamping Appointment date more than a year back (have rescheduled it multiple times until now). I now know about it and want to use it to make multiple trips to Canada for job interviews in the coming weeks of January 2020 (I do not want to wait till end of Feb 2020 for stamping interview. I live in Seattle and intend to do multiple trips to Vancouver using AVR for potential interviews in coming weeks)

Based on my current status, would I be eligible for Automatic Visa Re-validation if I say travel to Vancouver? Or would I become eligible only after cancelling the interview? Or does it not matter, ie, as long as I do not show up for the interview, am I eligible for Automatic Visa Re-validation?

If you say I do currently qualify for Automatic Visa Re-validation, I will go ahead and cancel my interview, since I have a Canadian PR and I directly plan to move there by April and dont really need the stamping for future stay in the US.

Many thanks for your reply!

AVR requires valid I94(apart from having valid I797). I assume that you have the I94 printed at the bottom with future expiry date and past start date.

1. Doesnt matter if you have schedule your visa interview. AVR is nothing to do with it till you attend the interview.
2. While crossing border newly and that too with multiple trips will cause more secondary inspection (just to make sure you dont smuggle things). So expect more secondary inspections which one cannt avoid even one has stamping. After few weeks you should be good.
5. Often you would be asked at the booth that why havent you stamped yet(even though they have rule to allow but they just dont do it without questioning). So I would say that you dont cancel the appointment and tell the border official(if asked) that you have interview in Feb. Once you reach Feb, then postpone it to Mar/Apr and get your work done first and then decide when you want to have the stamping done.

But either case, to avoid these headaches, its better to get over with the stamping pain as one cant travel like this for months(not without too much pain).
Sometimes they will issue you a new paper I94 if they see that you cross frequently and this will certainly save you from some secondary inspections and questioning at the booth. But still some officers will send you for secondary when they see that your visa is not valid hence to save time and pain, one should stamp it soon.

If your plan is for only couple of months and then moving permanently then tell the officers that you would be moving permanently after 3 months hence not stamping for now. Or if you dont want to tell the actual reason then have a valid logical reason for visiting Canada(whenever you are asked at US border). AT the canadian border just tell the actual reason on why you enter as they wont worry on why you come.

 

[krohit01]

I recently did my PR landing and had my card delivered to my cousin's address.
I have some questions:

1. Can I have her mail PR card to US- is it illegal?
2. I am in the US on H1 and entered after my PR Landing using AVR. Now I need to travel to Canada for a short business visit - less than 2 weeks. Can I re-enter using AVR. Is there a restriction on how many times or how frequently I can use AVR?
3. Is there some restriction around AVR reentry if I am going there for work? My immigration team says I should not work from there. FYI- I will not be paid there.

Thanks
RK

 

[lampbreaker]

I recently did my PR landing and had my card delivered to my cousin's address.
I have some questions:

1. Can I have her mail PR card to US- is it illegal?
2. I am in the US on H1 and entered after my PR Landing using AVR. Now I need to travel to Canada for a short business visit - less than 2 weeks. Can I re-enter using AVR. Is there a restriction on how many times or how frequently I can use AVR?
3. Is there some restriction around AVR reentry if I am going there for work? My immigration team says I should not work from there. FYI- I will not be paid there.

Thanks
RK

1. No problem.
2. Yes, you can. No limits.
3. No, it does not matter. You can actually work because your PR status allows you work. (Taxes/payment is a separate matter)

 

[Khush_Mugambo]

Dear All,
I have a few questions with regard to the AVR process. I have a COPR and I am planning on completing a soft landing by the end of Feb 2020. I have valid I-797s for both myself and my wife (H4) and we both will be completing the landing process.

1. My 6 years of H1 will be coming to an end in Nov 2020. Is that going to be a concern when availing the AVR route instead of going for re-stamping?
2. On my way out of US, do I need to meet a CBP official giving them a heads-up or something and telling them that I will be re-entering via AVR? Is there a need to inform them before leaving US borders?
3. Is there a rule that mandates visa stamping from only your country of citizenship or is it safe to take a stamping appointment in Canada?

Thanking you in advance!

 

[krohit01]

1. Not a problem....as long as the i94 is valid you should be good to go
2. No. I had done this because I wanted to be absolutely sure but now that I know I can tell you it's not needed. You may still want to do it for peace of mind. Nothing more.
3. You can go for stamping in Canada...although the wait time is over 2 months now.

Dear All,
I have a few questions with regard to the AVR process. I have a COPR and I am planning on completing a soft landing by the end of Feb 2020. I have valid I-797s for both myself and my wife (H4) and we both will be completing the landing process.

1. My 6 years of H1 will be coming to an end in Nov 2020. Is that going to be a concern when availing the AVR route instead of going for re-stamping?
2. On my way out of US, do I need to meet a CBP official giving them a heads-up or something and telling them that I will be re-entering via AVR? Is there a need to inform them before leaving US borders?
3. Is there a rule that mandates visa stamping from only your country of citizenship or is it safe to take a stamping appointment in Canada?

Thanking you in advance!