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AVR Rules

Discussion in 'H-1B Holders in the U.S.' started by jgooner22, Jan 29, 2019.

  1. I have a question about using AVR for entering back in the US after doing soft landing in Canada. Does your current, non-expired I94 need to be in the same class as your expired one? My wife expired visa was H1B and she is now on an H4 visa with a non-expired I797/I94 with that. Will she be able to use AVR for entering back? Thanks.
     
  2. Yes, she can use it even after change of status.
     
  3. Hi lampbreaker,

    I have a similar concern. My H1B was approved recently for an in-house project and I had to file an amendment for my current Client. I was on STEM OPT until January last week. Change of Status was approved as well & I received I-94 number. I have to do soft landing in Canada before July 17th(Medicals Expiry date). Can I come back to US without attending the visa interview by just showing my I-797 at the border crossing? Please let me know if you have seen any such cases since the visa classes are different. I cannot go to stamping while my Amendment is pending.
     
  4. Yes, that should be fine.
     
  5. Hi , Any update on your landing ? Did it go smooth ? My wife is in a similar situation having a stamped and expired H4 visa but is on H1B (valid i797).
     
  6. I entered in 2012 on F1 visa and changed status to H1B in 2014 and never left to states since than. my passport is also expired and new passport has no stamp. I was getting H1B extension since than. Now , i wanted to go to canada for PR stamp for 1-2 days. Since my stamped visa and I94 validty on old passport is also expired and does not show on CBP website. I have New I797 with New I94 valid until 09/07/2019. I have few questions: I also entered in USA with with some "name" issue when i was on F1 but corrected name on H1B documents.

    1. In My situation , will Automatic revalidation work since i have to go to canada by 07/24/2019.
    2. How will travel information be updated when travel record are removed from CBP website.
    3. If suppose theyy update travel record , will it shows correct name with latest visa entry or old visa with old name.

    Please help me to get answers.
     
  7. Hi,

    When are you planning to travel?
     
  8. Hi Guys,

    Current F1 student maintaining status. Applied for H1B this year on Consular Processing, have not heard any update about my petition whether it is approved or not, can I still travel to Canada and be back to US?


    Dan
     
  9. Yes, are you enrolled in a genuine school or some shady day one CPT school?
     
  10. Thank you. How does having an I-20 from any School make a difference? USCIS validates that.
     
  11. Every time you enter the US (with valid Visa or using AVR), CBP checks whether you have a genuine purpose of travel. If they suspect abuse by day one CPT schools or if your school is red flagged for any reason, they are capable of denying you entry.
     
  12. Isnt that the general understanding of an immigrant visa? Every beneficiary with a US VISA can be a potential immigrant which the Officer has the right to approve/ deny the entry.
     
  13. Being a 'potential immigrant' is not the only reason for denying entry. In case of non-immigrant visa your purpose of travel must be consistent with the class of the Visa.
     

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