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Automatic Visa Revalidation (AVR) to enter USA with no H1B stamp (first H1B)

canprofus

Hero Member
Dec 20, 2019
232
58
Yes, there was paper slip stapled to my passport.

Yes, i have the Champlain POE.

Only one entry point was open(one car infront of me, no cars backside).

i was called with a hand wave. stopped my car.

Me: going through all the posts, i was only having in my mind to handover the i797copy, did not handover him the passport(my bad).
Officer: Give me your passport(Where do you stay)?
Me: Gave my passport, New jersey
Officer: Your visa is expired, was this your first renewal.
Me: got confused, said it was 2nd.
Officer: he elaborated and repeated the question again.
Me: Sorry, yes this is my first extension. i am sorry.
Officer: ok, checking something in the system(please open your trunk. There was another officer with him who checked my trunk). Done with checking and handed-over the passport and my i797 copy to that officer and asked me to pull over my car to Secondary inspection, meanwhile asked me "Do you have any questions"
Me: No officer.
Me: I pulled over. In 2mins second officer came and asked me to wait inside the car(sipping my coffee, too many questions in my head)
After 10mins, two officers, a lady officer and one male officer, came out, asked me to leave my car there and come inside(its just 2mins of work, we need to take your fingerprints, i was ok, i am done).

Me: went inside( the office is full of officers at all counters, i am the only one traveller there), officer directed me to counter 8.
Officer at the counter: your right hand four fingers( he is explaining to another officer beside him about AVR, may be he is on training). asked me for $6, i told no cash, credit is fine.

They printed a white slip with details. (meanwhile officer at counter: what do you do:)
Me: I am a software engineer.
Officer: Ok, next time, present both of these(passport with the i94slip and i797). you are good to go.
Me: Thank you. You have a good day.
thanks for the detailed explanation! i am wondering if your i797 already had a i94, why they issued another one. may be for the ease of commute? Also, did you say anything like my family is living in Canada or something like that?
 

swan0206

Champion Member
May 14, 2019
1,171
227
thanks for the detailed explanation! i am wondering if your i797 already had a i94, why they issued another one. may be for the ease of commute? Also, did you say anything like my family is living in Canada or something like that?
I was not sure even then, but after reading few posts in the group now got the answers, some might give a new i94 or some officers might not. It depends.
May be as you said, for easier commute(it said multiple entry on the slip, with a STAMP admit_date till 2023).

They did not ask me any question regarding family or work( may be because it was a very recent renewal). Sorry to add the point. The officer at the poe asked me , "how long was your stay in Canada?": I said 29 days.
 

canprofus

Hero Member
Dec 20, 2019
232
58
I was not sure even then, but after reading few posts in the group now got the answers, some might give a new i94 or some officers might not. It depends.
May be as you said, for easier commute(it said multiple entry on the slip, with a STAMP admit_date till 2023).

They did not ask me any question regarding family or work( may be because it was a very recent renewal). Sorry to add the point. The officer at the poe asked me , "how long was your stay in Canada?": I said 29 days.
cool.. with this you may not even be required to enter once every 30 days. you probably could have checked that with officer.. it probably means that they reviewed your stuff and gave a i94 so that your officer present in your future trips can see the up to date thing.
 

swan0206

Champion Member
May 14, 2019
1,171
227
cool.. with this you may not even be required to enter once every 30 days. you probably could have checked that with officer.. it probably means that they reviewed your stuff and gave a i94 so that your officer present in your future trips can see the up to date thing.
Thats a good question. May be i would check that next time.(however, if one officer might say yes. then next time same officer might not be present). As said by Hariraj in my previous response in this thread, there is no law or rule from DHS regarding this, we can try that if situation has come.
 
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canprofus

Hero Member
Dec 20, 2019
232
58
Thats a good question. May be i would check that next time.(however, if one officer might say yes. then next time same officer might not be present). As said by Hariraj in my previous response in this thread, there is no law or rule from DHS regarding this, we can try that if situation has come.
how long do you plan to be on US side? did you drive 5 hours to your workplace or staying somewhere in Champlain? when do you plan to go back?
 

iterp89

Full Member
May 9, 2018
41
14
Are there issues driving to US from Canada? I'm on H1B, would like to drive my car to Toronto and come back after staying for couple of weeks.
 

swan0206

Champion Member
May 14, 2019
1,171
227
1. No. There is no guideline/instruction/law from DHS for the same. So its up to you if you want to take risk.
2. Yes. Some cbp officers are allowing people even after 30 days just by looking the expiry date in I94 but it goes back to #1.
Hi Hari,

Would i be able to commute
1. No. There is no guideline/instruction/law from DHS for the same. So its up to you if you want to take risk.
2. Yes. Some cbp officers are allowing people even after 30 days just by looking the expiry date in I94 but it goes back to #1.
Hi Hari,

Is it ok to travel when my passport is under renewal. I will be renewing it here in US, as there is a a long wait in Canada which i got to know. As i mentioned earlier in my reply, i was given a new i94 at the border. But the i94 is given till my i797 expiry date instead of passport expiry. not sure if they have observed this. But i have to renew my passport during which can i still use AVR? or i need to stay inside the country. Any idea?


Thanks.
 

harirajmohan

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Mar 3, 2015
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Category........
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Hi Hari,

Would i be able to commute

Hi Hari,

Is it ok to travel when my passport is under renewal. I will be renewing it here in US, as there is a a long wait in Canada which i got to know. As i mentioned earlier in my reply, i was given a new i94 at the border. But the i94 is given till my i797 expiry date instead of passport expiry. not sure if they have observed this. But i have to renew my passport during which can i still use AVR? or i need to stay inside the country. Any idea?


Thanks.
Yes, border will give based on passport expiry whichever the cases i saw(including my family members). So you should have planned this ahead - possibly you did not know. I didnot know or else i would have mentioned it and i too forgot to mention this scenario. In my case, my wife received less I94 validity (matching to the passport expiry) than my son's I94 expiry because of her passport expiring earlier.

I renewed it in Toronto for me and my son using tatkal which took just few hours on same day applying and receiving, not sure if this is same now but you should try this first. The good thing is that they are not really asking any proof other than just a letter with a reason for applying urgently(the letter format would be given at the counter in Indian consulate). I did pay for tatkal additional but its worth to have the commute without any interruption.

Without valid passport one should not travel to other country.
 
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swan0206

Champion Member
May 14, 2019
1,171
227
Yes, border will give based on passport expiry whichever the cases i saw(including my family members). So you should have planned this ahead - possibly you did not know. I didnot know or else i would have mentioned it and i too forgot to mention this scenario. In my case, my wife received less I94 validity (matching to the passport expiry) than my son's I94 expiry because of her passport expiring earlier.

I renewed it in Toronto for me and my son using tatkal which took just few hours on same day applying and receiving, not sure if this is same now but you should try this first. The good thing is that they are not really asking any proof other than just a letter with a reason for applying urgently(the letter format would be given at the counter in Indian consulate). I did pay for tatkal additional but its worth to have the commute without any interruption.

Without valid passport one should not travel to other country.
Yes, but i have validity till March. so my question is during renewal process would i be able to travel(may be if its taking a month for the renewal)? Also, i was given new i94 till 3years but my passport is expiring next year in march. I wanted to plan but because of too many things cutting too close like ckgs here ended contract on Oct 14th and i had to travel, now they are handing it over to VFS global from today. So i am also considering applying it in Canada also in case here the VFS delay their operations and i have to move by end of this month.

If the time gap is in within 3 weeks(i will be using AVR) , i can apply in Canada only, but only thinking on proofs that they might ask for apart from address proof. If i am in montreal, can i still be able to apply in toronto(if its one day i would go for that only).
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
Yes, but i have validity till March. so my question is during renewal process would i be able to travel(may be if its taking a month for the renewal)? Also, i was given new i94 till 3years but my passport is expiring next year in march. I wanted to plan but because of too many things cutting too close like ckgs here ended contract on Oct 14th and i had to travel, now they are handing it over to VFS global from today. So i am also considering applying it in Canada also in case here the VFS delay their operations and i have to move by end of this month.

If the time gap is in within 3 weeks(i will be using AVR) , i can apply in Canada only, but only thinking on proofs that they might ask for apart from address proof. If i am in montreal, can i still be able to apply in toronto(if its one day i would go for that only).
i think you need to submit your current passport for getting new passport.. they will cancel it and send it along with new passport. so there is no possibility of travel when your application is in processing.

having said that land borders don't stress much on tying i94 with passport expiry, so they knew what they were doing and didn't issue your i94 by mistake.. someone has mentioned that they let them travel even with an expired passport.
 
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swan0206

Champion Member
May 14, 2019
1,171
227
Oh!! i got it now. if i have to submit the current passport then there is no way i can do this. thanks hari. will proceed accordingly.
 

swan0206

Champion Member
May 14, 2019
1,171
227
Yes, but i have validity till March. so my question is during renewal process would i be able to travel(may be if its taking a month for the renewal)? Also, i was given new i94 till 3years but my passport is expiring next year in march. I wanted to plan but because of too many things cutting too close like ckgs here ended contract on Oct 14th and i had to travel, now they are handing it over to VFS global from today. So i am also considering applying it in Canada also in case here the VFS delay their operations and i have to move by end of this month.

If the time gap is in within 3 weeks(i will be using AVR) , i can apply in Canada only, but only thinking on proofs that they might ask for apart from address proof. If i am in montreal, can i still be able to apply in toronto(if its one day i would go for that only).
@harirajmohan : any idea if i can renew it in Toronto, if i am from montreal? Also, what are the proofs i need to submit and can i mention reason for emergency(however my passport expires in March2021) as i need to travel to US as i work there. Can you please clarify on that.

@DEEPCUR thanks for your inputs.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
@harirajmohan : any idea if i can renew it in Toronto, if i am from montreal? Also, what are the proofs i need to submit and can i mention reason for emergency(however my passport expires in March2021) as i need to travel to US as i work there. Can you please clarify on that.

@DEEPCUR thanks for your inputs.
Do you not have tatkal option in Canada? In US, they won't let you apply passport renewal outside an embassy jurisdiction. SFO for west coast states, New York for north east states and so on. I presume it might be same in Canada..