Softland and AVR With Pending H1B and H4

[Itsmsk66]

Hello friend,

Below is my situation, My COPR is valid until June 6th 2020. My H1b is expiring in June 30 2020. My company is in the process of applying for h1b extension in premium processing.
Below is my question:
1. Has any one done AVR with 2 month left in h1b and h1b pending. If so is it safe to do so.

2. even if h1 gets approved and if H4 extension is pending due to bio metric delays, can my wife use AVR.

what is my best options of soft landing in this situation.

please advise

 

[lampbreaker]

Is the Visa in your passport already expired or expiring on June 30? If Visa is not expired, then you are not using AVR. You are just simply using the Visa. Extension of status part of the petition may be considered abandoned when you leave the US irrespective of whether you have a valid Visa or not. But in case of a quick trip to Canada, it is highly unlikely that USCIS will deny the extension of status. Make sure your trip is really short, preferably not longer than 1 or 2 days.

The same applies to both H1B and H4.

 

[Itsmsk66]

Sorry forgot to mention, my visa is expired like 6 years back. I have valid l-797 until June 30 2020. My h1b extension is under processing.

I am planning go to Canada may first week with my h1b pending and can I use the AVR to come back to USA.

 

[justinline]

AVR should be fine. Is the expired visa h1b. Most likely will be sent to secondary....no big deal.

 

[Itsmsk66]

Yes expired visa is h1b. I have been on h1b for like 13 years

 

[Itsmsk66]

Thanks for the reply. Now uscis has stopped taking premium processing so I will not get my h1b. So if the borders open can I return to USA with my current i797 (my visa is expired) .

 

[Itsmsk66]

On a different note if I apply for extension of copr will I need to retake medicals.

 

[Nick1233]

Yes expired visa is h1b. I have been on h1b for like 13 years

Off topic, when did you get COPR and at what score? A friend is not able to meet minimum score with 10 years experience, 34 years old.

 

[Itsmsk66]

Off topic, when did you get COPR and at what score? A friend is not able to meet minimum score with 10 years experience, 34 years old.

I got picked in 2018. Processing got delayed due to some personal reason.

 

[Itsmsk66]

Thanks for the reply. Now uscis has stopped taking premium processing so I will not get my h1b. So if the borders open can I return to USA with my current i797 (my visa is expired) .

Any experts please advise.

 

[harirajmohan]

Thanks for the reply. Now uscis has stopped taking premium processing so I will not get my h1b. So if the borders open can I return to USA with my current i797 (my visa is expired) .

Yes. https://help.cbp.gov/s/article/Article-1218?language=en_US
https://www.canadavisa.com/canada-immigration-discussion-board/threads/automatic-visa-revalidation-avr-to-enter-usa.604996/page-10
https://www.canadavisa.com/canada-immigration-discussion-board/threads/soft-landing-experience-and-returning-with-avr.612464/page-5

 

[Nick1233]

I got picked in 2018. Processing got delayed due to some personal reason.

Good for you. Folks who waited are now regretting especially with all the stuff going, election year, no change to S386.

 

[spirit.varun]

Yes expired visa is h1b. I have been on h1b for like 13 years

You can go with AVR, assuming you meant expired visa that is the stamped visa on Passport and you have Latest I797 approved with I94, you would be called for secondary, might take another 30-60 mins depending on load for that day, be prepared for routine questions about job, et cetra..

 

[BlaqqHammer]

On a different note if I apply for extension of copr will I need to retake medicals.

Can you apply for extension of copr?? I’m in a situation like that where I might not be able to make the 5 month time period that they gave me instead of the 1yr