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Automatic Visa Revalidation - risks

ayn.rand

Newbie
Nov 9, 2018
8
2
We just got the passport request email yesterday. Our medicals will expire on May 29, 2019, so we are expecting that to be the deadline to land in Canada. Both me and my husband are in US now. My husband is on H1B valid till Dec 2020. I am on H4 with a pending H1B petition. My husband's H1 visa stamp expired in 2015. My visa stamp is F1 which expired in 2014. I did COS from F1 to H4 within US and has not traveled outside US since then. Now, I am in the midst of another COS from H4 to H1B. I will wait till H1B approval to cross border. My questions are:

1. Are there any risks to AVR? From my understanding, we need a valid i-797 and i-94 that comes with it, a passport with expired visa stamp. But, our case is slightly complicated because:

a. For me, my visa stamp is for F1, and I will be on H1B when I try to use AVR. Will this have any added risk? I will be carrying pay stubs, W-2, employer letter, etc.
b. My husband's expired visa stamp was when he was working for his old employer. He changed job, got his i-140 approved, and got an extension. Will the change in employment have any impact on AVR? Also, since he is on his 7th year on H1B, will that matter (based on approved i-140)?

2. Which is the best way to travel to Canada? By air or road? If by road, which is the preferred port? I saw the reviews to be generally positive for Peace Bridge, but mostly negative for Rainbow Bridge. Is this true based on member experiences?

3. We are planning to do the crossing one person at a time rather than doing it together, so that atleast one of us can remain in US to manage things here in case of any complication. This presents a difficulty for me because I don't drive. So I don't know how I can make the crossing via road. Peace bridge is closed for pedestrians. Is Rainbow bridge crossing walkable? Also, is there a higher risk of denial of entry at Rainbow bridge compared to other ports of entry?

4. If I choose to travel by air, will there be any issues due to AVR and lack of valid stamp? To avoid this, is there a preferred airlines or airport that I should look for based on positive experiences to other members?

5. Finally, is AVR completely up to the discretion of the immigration officer? Can they simply deny entry even after presenting valid i-797 and i-94? Has anyone heard of such experiences?

Thanks a lot. At this point, we are completely confused as to how to handle this situation. Help from other members is much appreciated. Thanks in advance.
 

ayn.rand

Newbie
Nov 9, 2018
8
2
Contacted company attorney and they seem to think AVR should be fine and told us to go ahead when we are ready
 

ajj123

Star Member
Jan 4, 2018
81
20
Hi @ayn.rand did you use the avr ? Can you pls share your experience! We are in same boat as yours and really could use some help. Thank you
 

pritparikh15

Member
May 7, 2018
19
3
Seattle, WA
We just got the passport request email yesterday. Our medicals will expire on May 29, 2019, so we are expecting that to be the deadline to land in Canada. Both me and my husband are in US now. My husband is on H1B valid till Dec 2020. I am on H4 with a pending H1B petition. My husband's H1 visa stamp expired in 2015. My visa stamp is F1 which expired in 2014. I did COS from F1 to H4 within US and has not traveled outside US since then. Now, I am in the midst of another COS from H4 to H1B. I will wait till H1B approval to cross border. My questions are:

1. Are there any risks to AVR? From my understanding, we need a valid i-797 and i-94 that comes with it, a passport with expired visa stamp. But, our case is slightly complicated because:

a. For me, my visa stamp is for F1, and I will be on H1B when I try to use AVR. Will this have any added risk? I will be carrying pay stubs, W-2, employer letter, etc.
b. My husband's expired visa stamp was when he was working for his old employer. He changed job, got his i-140 approved, and got an extension. Will the change in employment have any impact on AVR? Also, since he is on his 7th year on H1B, will that matter (based on approved i-140)?

2. Which is the best way to travel to Canada? By air or road? If by road, which is the preferred port? I saw the reviews to be generally positive for Peace Bridge, but mostly negative for Rainbow Bridge. Is this true based on member experiences?

3. We are planning to do the crossing one person at a time rather than doing it together, so that atleast one of us can remain in US to manage things here in case of any complication. This presents a difficulty for me because I don't drive. So I don't know how I can make the crossing via road. Peace bridge is closed for pedestrians. Is Rainbow bridge crossing walkable? Also, is there a higher risk of denial of entry at Rainbow bridge compared to other ports of entry?

4. If I choose to travel by air, will there be any issues due to AVR and lack of valid stamp? To avoid this, is there a preferred airlines or airport that I should look for based on positive experiences to other members?

5. Finally, is AVR completely up to the discretion of the immigration officer? Can they simply deny entry even after presenting valid i-797 and i-94? Has anyone heard of such experiences?

Thanks a lot. At this point, we are completely confused as to how to handle this situation. Help from other members is much appreciated. Thanks in advance.
Exact same situation as yours, following this thread. Our co-pr also expires by May end. Online information is very conflicting, some say you need same visa class stamped on your passport and some say you can have COS and get in.

http://www.immigrationlawgroup.net/the_automatic_visa_revalidatio

Above link says you can have COS, honestly I don't know who to trust even lawyers seem to give conflicting answers on this. I am not sure how a lawyer can give a conflicting answer, shouldn't law be interpreted in a same way by every lawyer?
 

pritparikh15

Member
May 7, 2018
19
3
Seattle, WA
Here is official link - https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

Here is how I interpret it. Red text is what I am highlighting from the link and blue is my opinion.

Under what is AVR:
  • Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;--- (We satisfy this)
  • Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS--- (We satisfy this)
Under who must apply new visa:
  • Applied for a new visa which has not yet been issued; ---(This does not apply to us)
  • Applied for a new visa and was denied; ---(This does not apply to us)
  • Has been outside of the United States for more than thirty days;---(This does not apply to us)
  • Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;---(This does not apply to us)
  • Is a national of a State Sponsor of Terrorism designated country, including Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;---(This does not apply to us)
  • Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;---(This does not apply to us)
  • Is in possession of an M student visa and has traveled to a location outside the United States, other than Canada and Mexico.---(This does not apply to us)
My Conclusion:
As long as you have a valid I-94, no other visa under processing (like extension, transfer, COS etc), come back within 30 days and not travel anywhere other than Canada and Mexico(Certain exception for F and J Visa) , you should be good. It should not matter what expired visa is in your passport, as long as status is maintained.

Apologies for a colorful post.
 

lampbreaker

Champion Member
Apr 7, 2015
1,734
378
no other visa under processing (like extension, transfer, COS etc),
Extension, transfer or COS petitions filed with USCIS are not visa applications and those do not make you ineligible for AVR. If you apply for a Visa at a consulate in Canada/Mexico during the short trip, then you cannot return using AVR.
 
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lampbreaker

Champion Member
Apr 7, 2015
1,734
378
Exact same situation as yours, following this thread. Our co-pr also expires by May end. Online information is very conflicting, some say you need same visa class stamped on your passport and some say you can have COS and get in.

http://www.immigrationlawgroup.net/the_automatic_visa_revalidatio

Above link says you can have COS, honestly I don't know who to trust even lawyers seem to give conflicting answers on this. I am not sure how a lawyer can give a conflicting answer, shouldn't law be interpreted in a same way by every lawyer?
I have seen many posts from people who returned in a different class compared to their expired Visa.
 

ayn.rand

Newbie
Nov 9, 2018
8
2
Hi, we did our landing on first week of March. No hitches and AVR worked. We used Peace Bridge for crossing and carried all the documents the forum members typically recommend. I had a minor issue since my employer did not let me keep the original i797/. I had the original i94 with me and had to take a copy of i797. The officer wasn't too happy about it. He told me to get the original i797 from employer and keep it with me, especially while traveling. Luckily, he let me through. Good luck to all.
 

ajj123

Star Member
Jan 4, 2018
81
20
Hi, we did our landing on first week of March. No hitches and AVR worked. We used Peace Bridge for crossing and carried all the documents the forum members typically recommend. I had a minor issue since my employer did not let me keep the original i797/. I had the original i94 with me and had to take a copy of i797. The officer wasn't too happy about it. He told me to get the original i797 from employer and keep it with me, especially while traveling. Luckily, he let me through. Good luck to all.
Hey thanks for sharing ur experience!
We are planning to do the same this weekend. Few quick questions for you
Are you with same employer as the approved 797?
How about ur spouse / partner?
If you can expand in the current visas you have and used for avr it’ll be immensely helpful!
Thanks again and congrats on successful Landing
 

ajj123

Star Member
Jan 4, 2018
81
20
Hi All - quick update.
We did our soft landing this weekend from USA and Canada and were able to avail the AVR services.
Thank you all for your help!
Good luck!