Automatic Visa Revalidation (AVR) to enter USA

[Prascvu]

Is there someone successfully utilized AVR process to re-enter into the USA on valid H1B status with an expired US visa stamped on passport and Greencard application in process with I-140 approval.

I am seeing the below point as part of the AVR requirements. Does it mean, someone on H1b should not have obtained I-140 (which is nonimmigrant petition) approval to utilize AVR process?

AVR Requirement:
The alien has maintained and intends to resume nonimmigrant status.

I have valid H1b status with I-140. I am concerned with I-140 approval in place, am I eligible to use AVR?

 

[harirajmohan]

There is no requirement of 140. Where did you see?
You are fine as long as you have valid 194(and carry your necessary documents like how you entered earlier).
https://help.cbp.gov/app/answers/de...c-revalidation-for-certain-temporary-visitors
https://help.cbp.gov/app/answers/detail/a_id/1218/kw/automatic visa revalidation

 

[coolusa]

There is no requirement of 140. Where did you see?
You are fine as long as you have valid 194(and carry your necessary documents like how you entered earlier).
https://help.cbp.gov/app/answers/de...c-revalidation-for-certain-temporary-visitors
https://help.cbp.gov/app/answers/detail/a_id/1218/kw/automatic visa revalidation

Hi Harirajmohan, Just curious....using AVR, a person can enter US border many times....consider a H1B holder daily commuting from CAN to US and vise versa. So each time he can use AVR option for unlimited time? OR it is limited to 1st 30 days?

 

[harirajmohan]

Hi Harirajmohan, Just curious....using AVR, a person can enter US border many times....consider a H1B holder daily commuting from CAN to US and vise versa. So each time he can use AVR option for unlimited time? OR it is limited to 1st 30 days?

Number of times doesnt matter as long as you are maintaining status.
30 days is what the maximum gap between 2 entries to maintain status. One goes out of status after 30 days of previous entry even one is residing within continental US - same as going out of status if one flies out of US for going to EU/Asia.

I remember you were asking on H4 and going to commute. Did you start commuting yet?

 

[coolusa]

Number of times doesnt matter as long as you are maintaining status.
30 days is what the maximum gap between 2 entries to maintain status. One goes out of status after 30 days of previous entry even one is residing within continental US - same as going out of status if one flies out of US for going to EU/Asia.

I remember you were asking on H4 and going to commute. Did you start commuting yet?

Thanks @harirajmohan .....
I didn't start...I'm in early stages...gathering all the information regarding daily commuting....I need to take decision about the employer change based on those...

 

[AK11503]

There is no requirement of 140. Where did you see?
You are fine as long as you have valid 194(and carry your necessary documents like how you entered earlier).
https://help.cbp.gov/app/answers/de...c-revalidation-for-certain-temporary-visitors
https://help.cbp.gov/app/answers/detail/a_id/1218/kw/automatic visa revalidation

Hello, I have few queries if you can help. Thank you

I have approved H1B extension - till Feb 2020. Also i have visa stamped on my passport till 2020 as i traveled to my home country last year and visa was stamped
My Dependent H4, they have received the approval along with me till Feb 2020, but they donot have visa stamp as they have not traveled out of USA.
If We do a soft landing by Air to Canada and wait there for few (2-3)days and come back to USA

Queries :
1.Can we used AVR process for my dependent and they can enter back in USA without Visa stamp
2. I see my dependents I94 new Valid till dates are not updated on the USCIS website, but approved I797 bottom they have copy of I94 - do this will suffice for AVR process or USCIS system must show Valid till date

Please suggest. Thanks

 

[lampbreaker]

1. Yes
2. CBP website only shows I-94's obtained at POE. I-94's issued by USCIS (as part of extension/change of status) are not shown on CBP website. That is fine.

 

[AK11503]

1. Yes
2. CBP website only shows I-94's obtained at POE. I-94's issued by USCIS (as part of extension/change of status) are not shown on CBP website. That is fine.

Thank you, my apologies i missed to add one more situation. I have an RFE for an location change amendment which is in progress, do there will be any issues for using AVR option. Thanks!

 

[lampbreaker]

Thank you, my apologies i missed to add one more situation. I have an RFE for an location change amendment which is in progress, do there will be any issues for using AVR option. Thanks!

That's fine.

 

[AK11503]

That's fine.

Thank you!

 

[AK11503]

Hello, I thought to take an appointment for my dependent and submitted DS160 for H4 stamping along with soft landing, but interview dates are available after July 2019. Now i am thinking to use AVR option travel by Road via Niagara but need to know as per AVR criteria to use AVR option, a visa must not be applied -
1. Do submitting ONLY DS160 and no interview /no payment of fees means I have applied for visa.
Please suggest thanks!

 

[Sun2shine]

@AK11503
I don't think that counts as you do not have any appointment taken at US consulate.

@harirajmohan @lampbreaker
First of all thanks for your posts above. Very helpful information.

I have taken visa appointment at US consulate in canada. Since we both have h1/h4 extension approved I believe we both meet AVR requirements. We both have scheduled visa stamping appointment taken, does it mean we cannot travel back to US using AVR with 30 days?

I am thinking of scenario when they need any additional document (hope they front ask for it) and applicants are stuck there, just to save current jobs if applicants come back to US and go back to submit PP when requested for stamping. Do you think this is an option?

 

[harirajmohan]

@AK11503
I don't think that counts as you do not have any appointment taken at US consulate.

@harirajmohan @lampbreaker
First of all thanks for your posts above. Very helpful information.

I have taken visa appointment at US consulate in canada. Since we both have h1/h4 extension approved I believe we both meet AVR requirements. We both have scheduled visa stamping appointment taken, does it mean we cannot travel back to US using AVR with 30 days?

I am thinking of scenario when they need any additional document (hope they front ask for it) and applicants are stuck there, just to save current jobs if applicants come back to US and go back to submit PP when requested for stamping. Do you think this is an option?

Once you attend the interview(which is nothing but you applied for visa), your AVR doesnt apply. Doesnt matter what documents they ask and you cannot come to US to get the documents to submit. So you lose the status once you applied for visa(after the interview - irrelevant of outcome).

Once you are done with your approval of visa then you can reenter.

https://help.cbp.gov/app/answers/de...c-revalidation-for-certain-temporary-visitors
"The person does not have a pending or rejected application for a new visa."

 

[lampbreaker]

@AK11503
I don't think that counts as you do not have any appointment taken at US consulate.

@harirajmohan @lampbreaker
First of all thanks for your posts above. Very helpful information.

I have taken visa appointment at US consulate in canada. Since we both have h1/h4 extension approved I believe we both meet AVR requirements. We both have scheduled visa stamping appointment taken, does it mean we cannot travel back to US using AVR with 30 days?

I am thinking of scenario when they need any additional document (hope they front ask for it) and applicants are stuck there, just to save current jobs if applicants come back to US and go back to submit PP when requested for stamping. Do you think this is an option?

Since you are planning to apply for a Visa at the consulate, you will not be eligible for AVR. If the consular officer asks for more documents or delays the processing for any reason, then you will either have to live in Canada or travel to your home country.

 

[lampbreaker]

Hello, I thought to take an appointment for my dependent and submitted DS160 for H4 stamping along with soft landing, but interview dates are available after July 2019. Now i am thinking to use AVR option travel by Road via Niagara but need to know as per AVR criteria to use AVR option, a visa must not be applied -
1. Do submitting ONLY DS160 and no interview /no payment of fees means I have applied for visa.
Please suggest thanks!

I don't think it will qualify as having applied for a Visa.