Change to Automatic Visa Re validation since Oct 2017 and Impact

[parul31]

Hi All,

I have a couple of questions. Please help.

1. My H1B visa was expired in May 2015 but my latest I797 is valid till May 2020, can I still use AVR as it has been around 4 years since it got expired?

2. I checked that my I94 is still valid till May 2015 only when I print the online form. Is it the same for everyone that online date doesn't get updated when you receive the new date with new I797s?

Thanks in advance!

 

[harirajmohan]

Hi All,

I have a couple of questions. Please help.

1. My H1B visa was expired in May 2015 but my latest I797 is valid till May 2020, can I still use AVR as it has been around 4 years since it got expired?

2. I checked that my I94 is still valid till May 2015 only when I print the online form. Is it the same for everyone that online date doesn't get updated when you receive the new date with new I797s?

Thanks in advance!

1. No issue as long as your I94 printed at the bottom of I797 is valid till 2020.
2. Correct, online doesnt get updated on extensions.

 

[rohit.joshi]

Hi Rohit,
Were you able to complete your soft landing in Canada and re-enter US using your expired F1 Visa, valid i20+STEM EAD+i94 while your H1B petition was in pending status?

It would be really helpful if you could shed some light on this. Thanks in advance!

Hi,

I still haven't crossed the border yet. My COPR is expiring in July and I have plans to go to Canada and come back using AVR. Will keep this thread posted about new developments.

 

[rohit.joshi]

Hey Karan,

I am in the exact situation as you were back in December. I have an expired F1. Visa stamp on my passport. I have a valid i797 and valid i94. I was told that I can’t opt of AVR since I am not in same status. I was a non immigrant student before and now as non immigrant worker. Can you tell me if you were able to successfully re enter the US after AVR?

Thanks in advance
Barath

Hello there, I am in the same situation. Changed status from F1 to H1B this October 2018. I have expired F1 visa stamp on my passport. I am planning to go to Canada in December for COPR landing and come back to USA in couple of days. If you could share your experience, I would appreciate it. Where did you make the entry? and how long did it take at the Canadian Border for landing and US Border for entrance? What questions were asked? Thank you .

Hi Karan/Bharath,

Please let me know if you guys were able to come back to US based on expired F1 stamp and approved H1 petition.

 

[prashpon]

Hello everyone,

I came to the USA on an F-1 Student visa. I currently have a Change of Status to H1-B with a valid I-797A and an unexpired I-94. My F-1 Visa is expired and I have not left the country, hence do not have a H1-B stamping in my Passport.

Can I travel to Canada and return to the USA using the Automatic Visa Revalidation process? Any insight on this would be really helpful. Thank you!

P.S: Same situation as Karan and Bharath

 

[lampbreaker]

Hello everyone,

I came to the USA on an F-1 Student visa. I currently have a Change of Status to H1-B with a valid I-797A and an unexpired I-94. My F-1 Visa is expired and I have not left the country, hence do not have a H1-B stamping in my Passport.

Can I travel to Canada and return to the USA using the Automatic Visa Revalidation process? Any insight on this would be really helpful. Thank you!

P.S: Same situation as Karan and Bharath

Yes you can use AVR. I have seen posts from many people doing this.

 

[prashpon]

Yes you can use AVR. I have seen posts from many people doing this.

Thank you for the response. Just a quick follow up - Would this still be possible with a pending amendment for location change?

 

[lampbreaker]

Thank you for the response. Just a quick follow up - Would this still be possible with a pending amendment for location change?

Yes

 

[harirajmohan]

Thank you for the response. Just a quick follow up - Would this still be possible with a pending amendment for location change?

You are not going to request for admission based on pending petition correct?

Something to note for you:
If cbp issues new I94: Its unclear what will happen to pending petition's I94(whenever they approve it). Technically they should extend it but not sure if uscis doesnt see the candidate's status on new I94(rather than if they just search on old i94) and dont know if they would print the extended i94 in approval document.
Not faced this issue hence need to see someone else in the forum faced it.

 

[prashpon]

You are not going to request for admission based on pending petition correct?

Something to note for you:
If cbp issues new I94: Its unclear what will happen to pending petition's I94(whenever they approve it). Technically they should extend it but not sure if uscis doesnt see the candidate's status on new I94(rather than if they just search on old i94) and dont know if they would print the extended i94 in approval document.
Not faced this issue hence need to see someone else in the forum faced it.

You are not going to request for admission based on pending petition correct?

Something to note for you:
If cbp issues new I94: Its unclear what will happen to pending petition's I94(whenever they approve it). Technically they should extend it but not sure if uscis doesnt see the candidate's status on new I94(rather than if they just search on old i94) and dont know if they would print the extended i94 in approval document.
Not faced this issue hence need to see someone else in the forum faced it.

I already have my current approved H1-B (I-797A with an unexpired I-94). Only thing pending is an amendment petition for a location change.
Question: Why would CBP issue a new i-94? Just curious as my current I-94 is still valid.

 

[harirajmohan]

1. I already have my current approved H1-B (I-797A with an unexpired I-94).
2. Only thing pending is an amendment petition for a location change.
3. Question: Why would CBP issue a new i-94? Just curious as my current I-94 is still valid.

1. Ok.
2. Are you working at this location for which the petition is pending? If so then you cannot request admission for this new location.
3. Dont know but they do issue new I94 sometimes and they dont do it for all cases. I dont think there is any criteria or any logic being followed. It all depends on the officer.

 

[oldanemone]

Hi everyone,
I am planning to do my soft landing in August. My H-1B visa also expires next month and my extension has been approved. My question is, should i do my landing before or after the visa expiration? In the former case, is there a risk that Last action rule might override my extension I-94 (if they issue a new I-94 that is)? Or is AVR a better option because if they decide to issue a new I-94, it would be based on the new petition date?

Thanks.

 

[lampbreaker]

Hi everyone,
I am planning to do my soft landing in August. My H-1B visa also expires next month and my extension has been approved. My question is, should i do my landing before or after the visa expiration? In the former case, is there a risk that Last action rule might override my extension I-94 (if they issue a new I-94 that is)? Or is AVR a better option because if they decide to issue a new I-94, it would be based on the new petition date?

Thanks.

It does not matter. Make sure you show your latest approval notice and tell the officer that you have an extension.

 

[oldanemone]

It does not matter. Make sure you show your latest approval notice and tell the officer that you have an extension.

Thanks @lampbreaker . If they dont issue/update my I-94 if i return before visa expiration then it should not impact my extension right? I shouldn't have to visit the Deferred Inspection site to get it corrected basically.

 

[njaikuma]

Hi, has anyone here have a positive experience with using automatic visa revalidation on an F1 visa. I am currently enrolled in a university and maintaining status but my original F1 v isa has expired and I need to travel to Canada to activate my PR.

Any help would be appreciated.

Regards
Neeraj