AVR and Post- PR application

[stat2pr]

All
My H1B visa stamp expired in 2013 and I have I797 with attached i-94 valid till June 2020, same dates for my wife on H4.

I came across AVR , so can I travel to Canada and re-enter US with just my valid I-797 attached with I-94?

This sentence on the DOS confused me:

• Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

It mentions unexpired stamp...I'm not sure if this applies to me and my wife with expired H1B and H4 visa stamps????



What documents do I need to carry to re-enter back in US by air /land? I'm not sure if airlines would allow us to board without valid visa stamp in Canada???



Also does my child (US citizen) need to carry US passport to enter Canada?


2)I also wanted to know post - PR application.
Once we get COPR we need to travel to Canada to validate the PR before our medical exam expires? Correct?

Do we need to move to Canada after we get PR immediately since I'm still working on H1B and want to know if we need to live certain number of days in Canada and what are the minimum time restrictions to maintain PR?

 

[harirajmohan]

All
My H1B visa stamp expired in 2013 and I have I797 with attached i-94 valid till June 2020, same dates for my wife on H4.

I came across AVR , so can I travel to Canada and re-enter US with just my valid I-797 attached with I-94?

This sentence on the DOS confused me:
1. Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.
2. It mentions unexpired stamp...I'm not sure if this applies to me and my wife with expired H1B and H4 visa stamps????
3. What documents do I need to carry to re-enter back in US by air /land? I'm not sure if airlines would allow us to board without valid visa stamp in Canada???
4. Also does my child (US citizen) need to carry US passport to enter Canada?
I also wanted to know post - PR application.
5. Once we get COPR we need to travel to Canada to validate the PR before our medical exam expires? Correct?
6. Do we need to move to Canada after we get PR immediately since I'm still working on H1B and
7. want to know if we need to live certain number of days in Canada and what are the minimum time restrictions to maintain PR?

1. Its nothing but your extended I797(with the I94 printed at the bottom portion) by uscis. FYI - USCIS/CBP is under DHS.
2. It applies to each person. Everyone should have valid I94 extended by uscis.
3. Documents are same as you had while entering US last time. No difference.
While returning from Canada: Airline agents(few) might not know what to do with expired visa but you show the I797(with valid I94) and tell that you can travel.
4. Yes passport of US.
5. Yes you need travel before your visa expires.
6. No. You have roughly less than 3 years to move. Refer #.
7. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=10

FYI - Notes about landing - https://www.canadavisa.com/canada-immigration-discussion-board/threads/multiple-entry-after-landing-on-pr.544842/page-2#post-7820464

 

[Anpman]

1. Its nothing but your extended I797(with the I94 printed at the bottom portion) by uscis. FYI - USCIS/CBP is under DHS.
2. It applies to each person. Everyone should have valid I94 extended by uscis.
3. Documents are same as you had while entering US last time. No difference.
While returning from Canada: Airline agents(few) might not know what to do with expired visa but you show the I797(with valid I94) and tell that you can travel.
4. Yes passport of US.
5. Yes you need travel before your visa expires.
6. No. You have roughly less than 3 years to move. Refer #.
7. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=10

FYI - Notes about landing - https://www.canadavisa.com/canada-immigration-discussion-board/threads/multiple-entry-after-landing-on-pr.544842/page-2#post-7820464

I want to use Avr to enter USA as my stamping is expired..but I have valid i797...
Avr rule says to use Avr you should not have pending application for visa..does i140 processing come under this rule?my company has filed my i140..

 

[lampbreaker]

I want to use Avr to enter USA as my stamping is expired..but I have valid i797...
Avr rule says to use Avr you should not have pending application for visa..does i140 processing come under this rule?my company has filed my i140..

No, application for Visa is made by you at a US consulate. You are eligible for AVR.

 

[Feb24]

Hello,

My PR application is approved and I have CoPR and I have time until January 22, 2020 to enter Canada because my medicals expires on that date. I am planning to do soft landing before then and I have a question regarding AVR. My old passport was expired last year and H1B Visa stamp on my old passport was until Oct 2017 and I got a new renewed passport in April 2018. So, my new passport doesn't even have a expired H1B visa. I have approved I797 valid until May 2020 but my company applied for amendment/extension and it is still pending. So, my questions

1. Can I travel to Canada before January 22, 2020 and do soft landing and come back using AVR even though H1B amendment/extension is pending. Also, another concern is, since my new passport doesn't have any visa stamps(even expired), will that be an issue ?

2. My spouse(on F1 Visa) and my kid(US Citizen) will accompany me, I don't think there is an issue for them, correct ?

Any help is greatly appreciated!!

Thanks,
Sandeep

 

[lampbreaker]

1. That will be fine. You should carry both passports on any international travel anyway.
2. I assume your spouse has a valid F1 Visa (and maintaining F1 status with a D/S I-94).

 

[Feb24]

1. That will be fine. You should carry both passports on any international travel anyway.
2. I assume your spouse has a valid F1 Visa (and maintaining F1 status with a D/S I-94).

Thanks very much Lampbreaker!! So, pending H1B amendment/extension should not cause any issue, correct ?
Sorry for asking again. Just want to make sure because my parents are visiting and currently in US. So, if we stuck in Canada, it will put us all in jeopardy.

Thanks!!

 

[Anpman]

Thanks very much Lampbreaker!! So, pending H1B amendment/extension should not cause any issue, correct ?
Sorry for asking again. Just want to make sure because my parents are visiting and currently in US. So, if we stuck in Canada, it will put us all in jeopardy.

Thanks!!

As far as I know if it’s extension and leave USA without result ,your extension application will be void and u have to apply it again ...don’t know about amendment...plz check with your lawyer or
Search more about it

 

[harirajmohan]

As far as I know if it’s extension and leave USA without result ,your extension application will be void and u have to apply it again ...don’t know about amendment...plz check with your lawyer or
Search more about it

H1 extension/amendment wont be affected except the I94 at the bottom of I797 would not be extended/printed. Not sure where you got that message but its not true. Leaving US is nothing to do with processing of H1 except H4 is considered abandoned.

 

[Feb24]

H1 extension/amendment wont be affected except the I94 at the bottom of I797 would not be extended/printed. Not sure where you got that message but its not true. Leaving US is nothing to do with processing of H1 except H4 is considered abandoned.

Thank you very much @harirajmohan !! So, you are saying if my H1 amendment+extension is approved while I am in Canada, my I-94 wouldn't be extended or if it's approved even after I comeback from Canada it wouldn't be extended.

Thanks,
Sandeep

 

[harirajmohan]

Thank you very much @harirajmohan !! So, you are saying if my H1 amendment+extension is approved while I am in Canada, my I-94 wouldn't be extended or if it's approved even after I comeback from Canada it wouldn't be extended.

Thanks,
Sandeep

The status remains for 30 days within continental US hence its possible that uscis might even print it. But dont know for sure if they would defintely extend the I94. At least my I94 extensions get through while i am staying in Canada but i travel almost daily though.

The question regarding the approval of the petition, its not depending on whether the candidate departed US or not.

 

[lampbreaker]

Generally, they can deny the extension of status part of the application (approve without I-94) if the beneficiary (employee) leaves the US while application is processing. However, in most cases espcially when the travel is a short trip to Canada and the employee is back before the application is adjudicated, they approve it with extension of status. There is also no problems with traveling to Canada and using AVR, while the application is pending as long as the employee has other valid I-94. However, as with all the things, extension of status as well as entry to the US is a 'benefit' and completely at the discretion of the concerned officer.