Canada PR with H1B Commuting when Visa Stamp Expire

[yyang262]

Question:

My visa stamp will expire end of this year. However, my H1B status will be good until 2020. My company HR says that if I am traveling within NAFTA region then I don't need a new stamp... Anyone here think this is true?

Thanks,

 

[APPNOV2014NY]

Yes. This is know as AVR validation.

https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

 

[yyang262]

Yes. This is know as AVR validation.

https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

Thank you sir, I do know about it.

My question is that if I am a PR of Canada and living in Canada, will that still work? It seems the AVR is for people living in the US and traveling to Canada or Mexico for short period of time.

Thanks

 

[cvask]

I have a similar question -

I am planning to make a soft landing on June 17th since my CoPR visa is expiring on June 24th.
Currently I am on H1B visa for which transfer petition is still under premium process (I am hoping to get decision by June 10th).
I have had my first h1b visa issued in 2013 which has expired in 2016. Since then I haven't left the country to get new stamp in my passport.

Does anyone know if I am eligible to use AVR without going for stamping when I go to Canada later this month for landing?

Please share your advice. Thanks.

 

[APPNOV2014NY]

I have a similar question -

I am planning to make a soft landing on June 17th since my CoPR visa is expiring on June 24th.
Currently I am on H1B visa for which transfer petition is still under premium process (I am hoping to get decision by June 10th).
I have had my first h1b visa issued in 2013 which has expired in 2016. Since then I haven't left the country to get new stamp in my passport.

Does anyone know if I am eligible to use AVR without going for stamping when I go to Canada later this month for landing?

Please share your advice. Thanks.

I believe this was discussed earlier in this forum. Did you get chance to go through this thread:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/change-to-automatic-visa-re-validation-since-oct-2017-and-impact.527019/

 

[maddymaddy]

I have a similar question -

I am planning to make a soft landing on June 17th since my CoPR visa is expiring on June 24th.
Currently I am on H1B visa for which transfer petition is still under premium process (I am hoping to get decision by June 10th).
I have had my first h1b visa issued in 2013 which has expired in 2016. Since then I haven't left the country to get new stamp in my passport.

Does anyone know if I am eligible to use AVR without going for stamping when I go to Canada later this month for landing?

Please share your advice. Thanks.

I think you are eligible. This is exactly my situation as well. I am planning to land at niagara falls on 17th June. Where are you planning to land and from where?

 

[Saran12]

I am in the same situation. My i 797 expires on Dec 1st 2018. The visa in my passport has already expired. Can I still travel to canada and return using AVR? H1 situation is changing every month and I dont know how is the current situation? Is anybody denied entry using AVR?

 

[Q9146]

Question:

My visa stamp will expire end of this year. However, my H1B status will be good until 2020. My company HR says that if I am traveling within NAFTA region then I don't need a new stamp... Anyone here think this is true?

Thanks,

AVR should save you.
Automatic visa revalidation.
Used when visa not stamped but petition valid.

 

[harirajmohan]

I am in the same situation. My i 797 expires on Dec 1st 2018. The visa in my passport has already expired. Can I still travel to canada and return using AVR? H1 situation is changing every month and I dont know how is the current situation? Is anybody denied entry using AVR?

I94 should be valid.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

 

[Saran12]

I94 should be valid.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

Thank you!
Can I still travel if I have applied for Visa extension and it's under process?

 

[DEEPCUR]

Thank you!
Can I still travel if I have applied for Visa extension and it's under process?

If you mean i797 extension, then no, you cannot travel when it is pending. You need a valid i797 along with i94 attached at the bottom to be able to travel with expired visa. Either you stay in US after i94 expiry until petition gets approved or work remotely from Canada while waiting for approval.

 

[Saran12]

If you mean i797 extension, then no, you cannot travel when it is pending. You need a valid i797 along with i94 attached at the bottom to be able to travel with expired visa. Either you stay in US after i94 expiry until petition gets approved or work remotely from Canada while waiting for approval.

My i 797 is valid till 1st dec. But in the mean time my extension will be filled(definitely extension will be filed before 1st dec). So my question is cant I travel even if I have valid i 797 and a valid i94 if my extension is in process? I am planning to travel and return before 1st dec. Or my i 797 will become invalid if extension is filed? I am really confused. Please help

 

[DEEPCUR]

My i 797 is valid till 1st dec. But in the mean time my extension will be filled(definitely extension will be filed before 1st dec). So my question is cant I travel even if I have valid i 797 and a valid i94 if my extension is in process? I am planning to travel and return before 1st dec. Or my i 797 will become invalid if extension is filed? I am really confused. Please help

Ideally you can travel till December even if the extension is pending, but is somewhat tricky and grey area mainly because your possible i94 changes on every day travel. You might be fine, best is to consult company attorney.

But travelling after i94 expiry is not possible by any means. You either be in US after expiry or be in canada for the whole time until it gets approved. It's tough call given the absence of premium processing.. one of the prices to pay for daily commute. Even if premium processing exists, a RFE can set prople off by couple of months and again travel becomes challenge.

Also remember that on the day USCIS receives your petition, you must be in US.. if not you cannot get extension of stay and your petition might get approved under consular processing.

 

[Saran12]

Ideally you can travel till December even if the extension is pending, but is somewhat tricky and grey area mainly because your possible i94 changes on every day travel. You might be fine, best is to consult company attorney.

But travelling after i94 expiry is not possible by any means. You either be in US after expiry or be in canada for the whole time until it gets approved. It's tough call given the absence of premium processing.. one of the prices to pay for daily commute. Even if premium processing exists, a RFE can set prople off by couple of months and again travel becomes challenge.

Also remember that on the day USCIS receives your petition, you must be in US.. if not you cannot get extension of stay and your petition might get approved under consular processing.

Ohh ok. Thank you so much for replying!

 

[coolusa]

I94 should be valid.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

The expired visa stamp in expired passport will work for AVR ( having valid I797 with I94 till 2020 Dec) ??
The scenario is, I had the stamped visa till 2018 Jan, did the extension and got approved I797 (I94 validity till 2020), but passport is going to expire in 2019 Dec, because of that I am going to renew passport in 2018 December. So any issue you are anticipating if I travel with "expired visa stamp in old passport+ new passport + approved I797 (I94)??