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Canada PR - Soft Landing - Returning to US via AVR (Change of Status)

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pawanpanjwani_march2019

Star Member
Sep 5, 2019
50
19
Hi Folks,
I am an H1b holder with i140 approved and recently got renewed stamp on my passport as per my latest petition valid untill 2022.
My wife entered US on H4 in 2017 and recently (2019 Oct) got her change of status from H4 to H1b. She has a valid i797 (and valid i94 attached to bottom of i797). But does not have H1b stamp on her passport.
She has H4 visa stamp on her passport that expired in Sept 2019.

Current situation is that we have to complete our LANDING for Canada PR before March 10 and we are not getting dates for my wife to complete her H1b stamping in Canada. We are only planning to go for LANDING and return to US in 1 day.

1. Would AVR be applicable to her, knowing the fact that she does not have H1b stamp on the passport but expired H4 stamp on the passport ? Reemphasizing - She has a valid i797A approval notice and i94 attached to bottom of i797A untill Jun 2022).
2. if yes, would it be safer to use ROAD than AIR TRAVEL for this process, as I have heard many airlines create problem to issue boarding pass if we do not have valid VISA stamped on our passport?
3. Will this AVR cause problem in future for my wife's H1b visa stamping at the consulate?

Appreciate all your inputs. Thank you!
 
Last edited:
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pawanpanjwani_march2019

Star Member
Sep 5, 2019
50
19
lampbreaker said:
1. Yes, she is eligible for AVR.
2. Either is okay.
3. No problem.
Click to expand...
Thank you so much @lampbreaker for your inputs.
I would prefer to travel by AIR, but not sure of the process if they decide to not issue the boarding pass due to no h1b stamp on the passport., hence thinking of choosing the ROAD option.

Also, can you please share some information on how AVR works as far as entry to US is concerned. Like, in my wife's case - she does not have h1b stamp on the passport but we will provide valid i797A and i94 to the officer at the US Border. What would the Officer do next?
And what happens in the background? Like, if we check entry exits for my wife later (i94 history online), this entry via AVR would show under correct classification i.e. H1-b right?
 
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lampbreaker

Champion Member
Apr 7, 2015
1,734
378
It's not really a big deal. The most they will do is send you inside for secondary inspection. Online I-94 will reflect H1B afterwards.
 
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pawanpanjwani_march2019

Star Member
Sep 5, 2019
50
19
Thank you @lampbreaker
Just to reconfirm - She would only require I797A and I94 primarily? Anything else you can think of ?
Also carrying her employment related documents like client letter , paystubs , employment verification letter etc ..
 
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pawanpanjwani_march2019

Star Member
Sep 5, 2019
50
19
@path2canada20 It went well.
Completed the landing process on Saturday evening at Peace Bridge. Stayed in Canada near the Peace bridge that night.
And returned back via the same on Sunday morning .
On return , at the US border showed both (mine and my wife's) passports . I had a valid stamp so it was clear. My wife recently moved to H1 but had H4 stamp on the passport. CBP officer at the border asked us gave us a yellow slip and asked us to park the car at the border office to get the i94 stamp (usual process of AVR). We went inside the office , CBP officer asked us questions like when did we go to Canada to confirm that we meet the 30 day timeline of AVR. Also asked my wife about what / where does she work . General questions . He then stapled a new I94 (paper) on her passport and we were all set to go . Total process took hardly 20-30 mins as it werent too many people inside at that time. We went around 10am on Sunday.
 
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