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Canada PR with H1B Commuting when Visa Stamp Expire

Y

yyang262

Member
Sep 12, 2016
12
0
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,
 
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.
 
cvask said:
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.
Click to expand...

I believe this was discussed earlier in this forum. Did you get chance to go through this thread:
https://www.canadavisa.com/canada-i...-validation-since-oct-2017-and-impact.527019/
 
cvask said:
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.
Click to expand...
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?
 
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?
 
yyang262 said:
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,
Click to expand...

AVR should save you.
Automatic visa revalidation.
Used when visa not stamped but petition valid.
 
Saran12 said:
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?
Click to expand...
I94 should be valid.
https://travel.state.gov/content/tr...ces/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/de...c-revalidation-for-certain-temporary-visitors
 
Saran12 said:
Thank you!
Can I still travel if I have applied for Visa extension and it's under process?
Click to expand...

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.
 
DEEPCUR said:
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.
Click to expand...
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
 
Saran12 said:
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
Click to expand...

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.
 
DEEPCUR said:
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.
Click to expand...
Ohh ok. Thank you so much for replying!
 
harirajmohan said:
I94 should be valid.
https://travel.state.gov/content/tr...ces/visa-expiration-date/auto-revalidate.html
https://help.cbp.gov/app/answers/de...c-revalidation-for-certain-temporary-visitors
Click to expand...
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)??
 
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