AVR Query

[AP]

Hi,

I asked this question on another forum as well and did not hear anything yet. If someone can respond I would appreciate that.



I got my PPR recently and wish to land sometime in Apr. Here is my situation and I would appreciate your suggestions or experiences to proceed:

I have a valid H1B till Sep 09. My wife was on H4 when we came to this country in 2006.She changed her status to F1 then to H1.Now she is moving back to H4.We have applied for her change of status and have not recd the I-797 for H4. The original visa that was stamped on her passport is still valid but I understand that once you change the status the visa expires automatically. In this situation can we go to canada and get back using the AVR rule in her case? She has an expired H4 stamped on her passport and she will receive here I-797 for H4 soon.

Please advise what all papers I need to carry to use the AVR rule?Also is it advisable to go by air or land when using the AVR?

Your suggestions are greatly appreciated.

Thanks & Regards,

AP

 

[qbanky]

I got my PPR recently and wish to land sometime in Apr. Here is my situation and I would appreciate your suggestions or experiences to proceed:

I have a valid H1B till Sep 09. My wife was on H4 when we came to this country in 2006.She changed her status to F1 then to H1.Now she is moving back to H4.We have applied for her change of status and have not recd the I-797 for H4. The original visa that was stamped on her passport is still valid but I understand that once you change the status the visa expires automatically. In this situation can we go to canada and get back using the AVR rule in her case? She has an expired H4 stamped on her passport and she will receive here I-797 for H4 soon.
Two questions here for you to answer carefully: Before her recent app for change of status, was your wife in F1 and is she remaining in F1 currently pending her change of status? The reason being this: it is always advised by USCIS that when changing status you do not leave the country as this is deemed as abandoning the status applied for. Therefore, technically while she may not be out of status, she is in between statuses which could be a problem. Now with the AVR, one must be careful , first of all it is a privilege and not a right! Secondly, the more questions arise about your status, the more likely red flags may be raised. Especially if you meet an officer who does not understand the rules. For you, I do not think this would be a problem, for your wife (in the absence of an approval notice it remains a risk)
As per she changing statuses back and forth that is not a problem (my wife changed her status from B1 to F2 to H4 and we used the AVR to enter the US back in February 2009. But she had all her approval notices in hand. My fear is that your wife technically again does not have the required newly issued I-94 typically attached to the approval notice. In the absence of this, even if the officer wanted to issue her a new i-94 under what status could he do that? IF possible PLS wait till you get her I-797 in hand before traveling otherwise its a risk.



Please advise what all papers I need to carry to use the AVR rule?Also is it advisable to go by air or land when using the AVR?
I would advise you carry all your documentation, all i-94s, i-20s if applicable etc. Also get a letter from your employer stating you are still employed with them and have in hand your pay stubs. The officer who interviewed us when we were coming in using the AVR asked for my I-94 from my student days ( I had it) and he was so happy and actually commented that he preferred people who brought along ALL documents to aid his investigation rather than those who pleaded when he refused them entry because they left a document at home! Land or air does not really matter with AVR but make sure the officer knows you know about the AVR rule yourself
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Your suggestions are greatly appreciated.

Thanks & Regards,

 

[AP]

Hi Qbanky,

Thanks for the response. Well, the plan is to land only after receiving the I-797 for the H-4 applied for my wife.I will make sure all the documents are in place before I travel.

The other query I had was let's say I land in toronto can I provide residence address of Ottawa of a relative to receive the PR card? I understand at times the visa officer says not to give the address if we are not gonna stay there. In such a situation the PR visa being a single entry visa how do people travel back without a PR card?

Regards,

AP

 

[qbanky]

Yes sometimes some officers say that, but unless they do ask you specifically do not volunteer any other information. You have the right to send your card anywhere. If however you are asked to give your address later, that is still not a problem, there is a phone number (its on this site somewhere) once i locate it I will fill you in that you can call to complete the process for them to send your PR cards. Typically could take 8 weeks before you get them or could be earlier. If you decide to travel back to Canada before then, you have to get a travel document (cost 50 CAD) apply to CIC office in the US for it. That will be the way you can go back. But if you are not planning on going back soon, I would advise land, if the IO says no , get into Canada and call to complete the PR card processing and come back to the US. Then wait patiently to get your card! Goodluck

 

[AP]

Thanks for your responses qbanky. I have recd my wife's H4 approval notice. The situation is She has an old H4 visa stamped and then she changed statuses. Now she is back on H4 (new approval). In this case do I still have to use AVR even though she has a old valid H4 stamped?

Regards,

AP

 

[eefromusa]

I am new to AVR so need lot of guidance

My H1b I-797 is valid till 2017.
My H1b stamp in passport expired in 2013 along with my paper 1-94
I have to complete landing in Canada for my PR so need to go to Canada for 1 day.

Do i qualify for AVR?
What is a valid i-94? my paper i-94 is expired but the i-94 attached to my 1-797 is valid till 2017.

 

[Bina5]

My h1 is approved For the first time(F1 to h1) and I have I-129 and I-797 but i have not done the stamping yet. Can i still take advantage of AVR process.