AVR with expired passport and visa

[canhopefl]

Hi all,

I have a unique situation and I haven't found a similar case in this forum. I have an expired passport which has my current active H1B visa stamping which will expire this year. My employer has petitioned for renewal of the H1B visa and assuming it is approved, can I travel to Canada for less than 30 days based on the approved I 797 based on the automatic re-validation rule? My current valid passport does not have a H1B stamping.

Thanks.

 

[harirajmohan]

Hi all,

I have a unique situation and I haven't found a similar case in this forum. I have an expired passport which has my current active H1B visa stamping which will expire this year. My employer has petitioned for renewal of the H1B visa and assuming it is approved, can I travel to Canada for less than 30 days based on the approved I 797 based on the automatic re-validation rule? My current valid passport does not have a H1B stamping.

Thanks.

Seems not unique... Many had this situation.

https://travel.state.gov/content/tr...ion-resources/frequently-asked-questions.html
My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?
No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type.

 

[lampbreaker]

You can use the valid Visa in expired passport. No need for AVR. You of course, need to have a valid passport (without the Visa) also.