AVR 30 day rule

[nvap23]

Link for AVR on CBP website: https://help.cbp.gov/s/article/Article-1218?language=en_US

As per the link, AVR is valid only if:
A) Non-immigrants departed US for brief travel to Canada/Mexico for 30 days or less.
B) Have Valid I94 despite expired visa.

Questions:
1) As per A) does this mean if a person's H1B or other non-immigrant visa expired and they move to Canada temporarily or permanently or is a cross-border commuter, they better make sure they re-enter US atleast once every 30 days? I am just wondering if anyone attempted to cross back to US after 30 days and if their admission to US was not allowed.
2) Does the person need to stay in the US for a certain period of time or can they travel back without any overnight stay to be able to use AVR again?

 

[harirajmohan]

Link for AVR on CBP website: https://help.cbp.gov/s/article/Article-1218?language=en_US

As per the link, AVR is valid only if:
A) Non-immigrants departed US for brief travel to Canada/Mexico for 30 days or less.
B) Have Valid I94 despite expired visa.

Questions:
1) As per A) does this mean if a person's H1B or other non-immigrant visa expired and they move to Canada temporarily or permanently or is a cross-border commuter, they better make sure they re-enter US atleast once every 30 days? I am just wondering if anyone attempted to cross back to US after 30 days and if their admission to US was not allowed.
2) Does the person need to stay in the US for a certain period of time or can they travel back without any overnight stay to be able to use AVR again?

1. Per rule they can deny if its over 30 days.
I travelled only with valid visa(but after few months in Canada) and did not issue new i94 as they activate the existing one.
2. No you dont have any minimum time period in US to reset the clock. Commuters dont stay overnight and maintain same I94 for years.

 

[lampbreaker]

In addition to above, note that you actually need to have a valid H1B petition and a genuine job with a US employer in order to enter the US in H1B status. This is irrespective of AVR.