Automatic Visa Revalidation while H4 extension is in progress

[coolusa]

Hello members, I have few questions regarding AVR. I am planning to do softlanding and use AVR.
**CoPR validity Dec 2021
**Visa on passport expired.
**Current H4 I797A with I94 :Valid until Sep 2021
**H4 extension in progress, no chance it will get approved before CoPR validity.
** I am not going to do Visa stamping in Canada

1. Can I use AVR, if my H4 Visa extension is in progress? (If i do softlanding Before Current I797A+I94 expiry)?
2. If I use AVR, will I get a new I94 number? Will the CBP officer mention something in my passport?
3. I heard like, for regular entry-reentry from USA while h4 extension is in progress, my extension will be void and need to reapply since the we get a new I94 which won't match with the documents when submitted during h4 extension process. So similar will happen for extension process if I use AVR while h4 extension process is in progress?

 

[harirajmohan]

Hello members, I have few questions regarding AVR. I am planning to do softlanding and use AVR.
**CoPR validity Dec 2021
**Visa on passport expired.
**Current H4 I797A with I94 :Valid until Sep 2021
**H4 extension in progress, no chance it will get approved before CoPR validity.
** I am not going to do Visa stamping in Canada

1. Can I use AVR, if my H4 Visa extension is in progress? (If i do softlanding Before Current I797A+I94 expiry)?
2. If I use AVR, will I get a new I94 number? Will the CBP officer mention something in my passport?
3. I heard like, for regular entry-reentry from USA while h4 extension is in progress, my extension will be void and need to reapply since the we get a new I94 which won't match with the documents when submitted during h4 extension process. So similar will happen for extension process if I use AVR while h4 extension process is in progress?

Yes its possible to get denied due to the reason "abandoned" since the candidate left the country.
http://forum.murthy.com/topic/125989-h4ead-extension-and-traveling-outside-usa/

My wife's extension was denied after we reentered US with the reason "cbp has adjudicated H4 and issued new I94". So no idea if your H4 will be intact if cbp didnt issue new I94. Its complex and surely risky move to travel but you should not be losing chance for getting PR status hence think and decide.

If you are primary applicant then you can land, if not you need to land with primary applicant(or after primary applicant landed).

 

[coolusa]

Yes its possible to get denied due to the reason "abandoned" since the candidate left the country.
http://forum.murthy.com/topic/125989-h4ead-extension-and-traveling-outside-usa/

My wife's extension was denied after we reentered US with the reason "cbp has adjudicated H4 and issued new I94". So no idea if your H4 will be intact if cbp didnt issue new I94. Its complex and surely risky move to travel but you should not be losing chance for getting PR status hence think and decide.

If you are primary applicant then you can land, if not you need to land with primary applicant(or after primary applicant landed).

Thank you....ok , we will get new I94 number if we use new AVR? In your wife'S case, did she use AVR? How many days she was out of USA?

 

[harirajmohan]

Thank you....ok ,
we will get new I94 number if we use new AVR?
In your wife'S case, did she use AVR?
How many days she was out of USA?

Not necessarily. Its up to the officer - its not up to us.
Yes.
Just overnight. We returned back next day.

One safe option: Travel soon and file for extension again.
Note: Traveling close to visa expiry is also risky without having extension approved.

 

[coolusa]

Thank you @harirajmohan .....So when your wife traveled out, her I94 was already expired?
In my case H4 spouse I94 (attached in previous I797A) is valid untill Sept last week (my spouse H4 is the Primary applicant for Canada PR). My H1B extension is approved and I have i797A with i94 attached.

 

[harirajmohan]

Thank you @harirajmohan .....So when your wife traveled out, her I94 was already expired?
In my case H4 spouse I94 (attached in previous I797A) is valid untill Sept last week (my spouse H4 is the Primary applicant for Canada PR). My H1B extension is approved and I have i797A with i94 attached.

Travel: Jul2016 while her visa was expired.
Existing I94 validity: 2017
Extension filed: Based on my new employer's I797(my new employer didnt file her H4 since she had existing I94 extended already).

I understand that you have your H1 extended. But its irrelevant for H4.

 

[coolusa]

@harirajmohan. Thank you! So when did you get denial letter from USCIS for H4 application? Immediately after you reentered USA or when uscis touched h4 application several months later?
1. I am fully stressed now. My copr expiry is Dec 4th, current H4 I94 valid until Sep 23rd (same employer). H4 Person is the primary applicant for PR. No way H4 extension application will get approved before Dec4th. Could you please suggest better actions for this?

2. My plan is like do softlanding 1 month before the current i94 expiry (Aug 23). Wait for uscis denial happens or not for couple of weeks. Meanwhile look for emergency visa slot in canada for h1b&h4 (eventhough we are fully vaccinated, our son is not, thats another risk). Once visa gets stamped, return to USA and provide new I94 document to EAD application (which was already submitted). Any thoughts on this pls?

 

[harirajmohan]

@harirajmohan. Thank you! So when did you get denial letter from USCIS for H4 application? Immediately after you reentered USA or when uscis touched h4 application several months later?
1. I am fully stressed now. My copr expiry is Dec 4th, current H4 I94 valid until Sep 23rd (same employer). H4 Person is the primary applicant for PR. No way H4 extension application will get approved before Dec4th. Could you please suggest better actions for this?

2. My plan is like do softlanding 1 month before the current i94 expiry (Aug 23). Wait for uscis denial happens or not for couple of weeks. Meanwhile look for emergency visa slot in canada for h1b&h4 (eventhough we are fully vaccinated, our son is not, thats another risk). Once visa gets stamped, return to USA and provide new I94 document to EAD application (which was already submitted). Any thoughts on this pls?

As there is no guarantee in approval if you wait for a month, i think that you should not plan for waiting on uscis to softland. The risk: You are risking on your reentry when uscis didnt give approval and you did the softlanding and returning within few weeks of expiry. Not all officer agrees for people to enter with just few weeks expiry on their I94/visa.
2 months gap itself is little risk and one month gap is risky.

Emergency appointment is also not a guaranteed thing. So both of these options are time waste and which are not in your control.

My take: Travel soon and return back and file for H4 extension. If questioned by cbp asking why you are returning to US while having within 2 months of expiry then you can say that H1 is already approved and we will file for extension after entering (apart from we already filed for it).

If you want then only the primary applicant will travel to Canada alone to confirm landing to avoid exposure for the child but when do you plan for others? If you travel by car then its ok as long as you dont make unnecessary stops and you dont go to too many shops/gathered places.

 

[coolusa]

As there is no guarantee in approval if you wait for a month, i think that you should not plan for waiting on uscis to softland. The risk: You are risking on your reentry when uscis didnt give approval and you did the softlanding and returning within few weeks of expiry. Not all officer agrees for people to enter with just few weeks expiry on their I94/visa.
2 months gap itself is little risk and one month gap is risky.

Emergency appointment is also not a guaranteed thing. So both of these options are time waste and which are not in your control.

My take: Travel soon and return back and file for H4 extension. If questioned by cbp asking why you are returning to US while having within 2 months of expiry then you can say that H1 is already approved and we will file for extension after entering (apart from we already filed for it).

If you want then only the primary applicant will travel to Canada alone to confirm landing to avoid exposure for the child but when do you plan for others? If you travel by car then its ok as long as you dont make unnecessary stops and you dont go to too many shops/gathered places.

@harirajmohan. Thank you for your guidance , I think it is the sole solution. I will follow that... thanks again