Change to Automatic Visa Re validation since Oct 2017 and Impact

[karandeephooda]

Hello All,

I finished my landing at Thursday afternoon, my original plan was to stay in for one night but due to the weathers and worries that I may not be able to come back to US, I drove back immediately, so the whole time in Canada for first time landing was roughly 1 hour... however, at the US border, an officer made a phone call and now I am speculating that the phone call was to Canada CBSA to verify my entry. If the CBSA found out I was only in Canada for an hour or less, even though they collected my address for PR and signed my COPR. Will this be a problem for PR card issuance and later entry???

I know this question/post may sound really ridiculous and silly... just wanna some help...

Thanks a lot in advance.

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 .

 

[AragonSC]

Hi DEEPCUR,

Thank you for directing me to this thread. I'm on my F1 OPT Extension and my H1-B petition has been picked in the lottery. My Visa stamp on the passport will be expiring on May 30th and I have valid work visa till Feb, 2019. Can I do a soft landing in Vancouver and come back to USA? Will my pending petition not allow me to accomplish this. I don't think my H1-B will be approved pretty soon considering the # of RFE's they are issuing. Please advise.

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!

 

[mketone]

Thank you to the originator of this thread for keeping it open! I am currently on an H1B, where my I797 expires on June 30th. I will be accepting a job offer soon and they will be doing my H1B as well. I recently got approved for Canadian PR and have sent in my passport and hope to get it back within a month. Is it safe to go to Canada with automatic revalidation to reenter the US in the first week of June with an I797 that expires in the end of June? Will they allow reentry to the US with such a short period of time left?

 

[harirajmohan]

Is it safe to go to Canada with automatic revalidation to reenter the US in the first week of June with an I797 that expires in the end of June? Will they allow reentry to the US with such a short period of time left?

Doubtful. I am assuming that your extension is filed. Is it?
I know that people entered but some were asked more questions and proof that the company will file extension.

 

[mketone]

Doubtful. I am assuming that your extension is filed. Is it?
I know that people entered but some were asked more questions and proof that the company will file extension.

Thanks! What if I have a valid I797 from the new job as well with me? Granted, it will be from a different university (mine's an academic H1B), so it is cap exempt and will hopefully be approved via premium processing.

 

[harirajmohan]

Thanks! What if I have a valid I797 from the new job as well with me? Granted, it will be from a different university (mine's an academic H1B), so it is cap exempt and will hopefully be approved via premium processing.

See, all they need is valid i94 extended by uscis with your/new company. So no issue.
Or if processing in normal mode, get your i94 extended and then do the landing. As you just got your PR approval, it should be valid for more months(in most cases).

 

[parts007]

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 .

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

 

[lampbreaker]

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

Told by who? I have seen many people in your situation successfully use AVR.

 

[singhamitabh]

Hi folks, I have to travel to Canada to claim my Permanent Residency next month, I am on F1-CPT in USA (I have an active CPT i20, active i94 'D/S') but my F1 visa stamp on the passport has expired. My employer has filed for H1 visa the beginning of this month. Will I able to return back to US under the Automatic Revalidation law?

 

[lampbreaker]

Hi folks, I have to travel to Canada to claim my Permanent Residency next month, I am on F1-CPT in USA (I have an active CPT i20, active i94 'D/S') but my F1 visa stamp on the passport has expired. My employer has filed for H1 visa the beginning of this month. Will I able to return back to US under the Automatic Revalidation law?

Yes, you can. CPT is a red flag though. If you are attending one of those shady day one CPT schools, then Visa valid or not, you may be in trouble.

 

[singhamitabh]

Thanks for the reply. I have filed for H-1 visa this year, will that be a problem to avail 'AVR'?

 

[lampbreaker]

Thanks for the reply. I have filed for H-1 visa this year, will that be a problem to avail 'AVR'?

No problem

 

[jessia2001]

Hi guys,
Thank you for keeping this thread open. Can I get your opinion?

1. my H1B expires oct 2019
2. h1b visa expired Jan 2018
3. used AVR multiple times in Canada and cancun before
intended travel date - end of July to beginning of August to Canada 2019

my h1b extension will be pending at that time... i think
1. if my case stays pending (including RFE) during my travel - i can enter with the old H1B
2. if my case is approved before i leave - i need to bring the new I797 with me to get the I-94 extended accordingly
3. if my case is approved during... i can still enter with old h1b using AVR, but will need to leave US and re-enter again with the new I797 and I94 to extend my D/S accordingly?

Not discussing denied case here... because either way i have to fly back to home country if that were to happen

can you guy advise am I thinking correctly here?
Thanks very much!!
Rebecca

 

[lampbreaker]

1. if my case stays pending (including RFE) during my travel - i can enter with the old H1B
2. if my case is approved before i leave - i need to bring the new I797 with me to get the I-94 extended accordingly
3. if my case is approved during... i can still enter with old h1b using AVR, but will need to leave US and re-enter again with the new I797 and I94 to extend my D/S accordingly?

1. Yes
2. Yes, show the new I-94
3. Yes, you can. It will be better to have the new I-94 in hand to avoid any confusion. But it's okay.

 

[jessia2001]

1. Yes
2. Yes, show the new I-94
3. Yes, you can. It will be better to have the new I-94 in hand to avoid any confusion. But it's okay.

wonderful. Thank you!!