AVR with H4 Approval Notice

[siddsin]

Hello @harirajmohan Sir

My CoPR is valid till September 28th 2021.

On USCIS it said that my H4 was approved today. Since my spouse's company applied for it, I am guessing they will be getting the i797 while I expect to will get the approval notice over the next couple of days.

I wanted to ask two questions :-

1. Can I re-enter using AVR with the i797C approval notice?

2. If the CoPR is valid till September 28th (expiry date mentioned on the stamp) - can I travel on the 28th or does that mean I have to travel before the 28th?

Thank you!

 

[harirajmohan]

Hello @harirajmohan Sir

My CoPR is valid till September 28th 2021.

On USCIS it said that my H4 was approved today. Since my spouse's company applied for it, I am guessing they will be getting the i797 while I expect to will get the approval notice over the next couple of days.

I wanted to ask two questions :-

1. Can I re-enter using AVR with the i797C approval notice?

2. If the CoPR is valid till September 28th (expiry date mentioned on the stamp) - can I travel on the 28th or does that mean I have to travel before the 28th?

Thank you!

Perfect. Thats good. Congrats. You can travel on 28th. Check the visa too(if applicable) to confirm if you have the right validity on both document.
I hope it comes on 27th.
if its not coming then you can ask your friends to courier it overnight to Canada to your hotel.

 

[siddsin]

Perfect. Thats good. Congrats. You can travel on 28th. Check the visa too(if applicable) to confirm if you have the right validity on both document.
I hope it comes on 27th.
if its not coming then you can ask your friends to courier it overnight to Canada to your hotel.

Thank you, Sir! Last set of questions :-

1. If my spouse travels back without me, can I get the original copy and travel back after her?

2. Also, can I use a scanned copy or is an original required?

3. Any implications of trying to re-enter with spouse and getting denied because I dont have the original copy?

 

[harirajmohan]

Thank you, Sir! Last set of questions :-

1. If my spouse travels back without me, can I get the original copy and travel back after her?

2. Also, can I use a scanned copy or is an original required?

3. Any implications of trying to re-enter with spouse and getting denied because I dont have the original copy?

I dont know who is principal applicant. Principal applicant needs to enter first or all together. if you are the principal applicant who already landed then yes you can. Not sure your situation - didnt track your information.
Original I94 is required(which is issued by uscis).

 

[siddsin]

I dont know who is principal applicant. Principal applicant needs to enter first or all together. if you are the principal applicant who already landed then yes you can. Not sure your situation - didnt track your information.
Original I94 is required(which is issued by uscis).

Original applicant is my spouse. So she will enter Canada with me, and will travel back to the USA.

My question is - can I come back to the USA without her or will she have to accompany me? (I will be living at my friends house till I get the original copy). Asking this, as I will be using AVR to re-enter the USA.

 

[harirajmohan]

Original applicant is my spouse. So she will enter Canada with me, and will travel back to the USA.

My question is - can I come back to the USA without her or will she have to accompany me? (I will be living at my friends house till I get the original copy). Asking this, as I will be using AVR to re-enter the USA.

Yes should be fine as principal applicant is already in US hence no restriction on when the H4 enters.

 

[siddsin]

Yes should be fine as principal applicant is already in US hence no restriction on when the H4 enters.

Thank you so much for the response!

 

[siddsin]

Yes should be fine as principal applicant is already in US hence no restriction on when the H4 enters.

Sir,

I had a question though. Online it says everywhere that non-essential travel from Canada and Mexico is not allowed.

How are they allowing h1b and h4 visa holder to come back? using AVR or otherwise?

Thanks

 

[harirajmohan]

Sir,

I had a question though. Online it says everywhere that non-essential travel from Canada and Mexico is not allowed.

How are they allowing h1b and h4 visa holder to come back? using AVR or otherwise?

Thanks

Residents who are traveling back to the country will be allowed and always have been during this pandemic in Canada and US. Its about the people reside in Mexico or Canada wont be allowed to US on non-essential travel.

Same for Canadian residents as well when they imposed essential travel before last month. People can go to US for any non-essential(such as moving to US, visiting family for emergency etc) but while returning they are supposed to quarantine and do testing because the trip was non-essential for Canada stand point even though they are Canadian residents.

AVR/Visa is a separate issue, not related to the reason for travel.

 

[siddsin]

Residents who are traveling back to the country will be allowed and always have been during this pandemic in Canada and US. Its about the people reside in Mexico or Canada wont be allowed to US on non-essential travel.

Same for Canadian residents as well when they imposed essential travel before last month. People can go to US for any non-essential(such as moving to US, visiting family for emergency etc) but while returning they are supposed to quarantine and do testing because the trip was non-essential for Canada stand point even though they are Canadian residents.

AVR/Visa is a separate issue, not related to the reason for travel.

Got it, Sir. So effectively they have been allowing AVR/Visa travelers to travel throughout the pandemic.

Also, what do you think is the best way for me to come back to the US after I get my i797?

1. Should I ask my wife to come back to Canada using the CoPR (with the landing date) and re-enter via the US land border?

2. Should I re-enter using the land border?

3. Should I fly back to the US once I receive the hard copy of the i797?

 

[harirajmohan]

Got it, Sir. So effectively they have been allowing AVR/Visa travelers to travel throughout the pandemic.

Also, what do you think is the best way for me to come back to the US after I get my i797?

1. Should I ask my wife to come back to Canada using the CoPR (with the landing date) and re-enter via the US land border?

2. Should I re-enter using the land border?

3. Should I fly back to the US once I receive the hard copy of the i797?

"Come back to Canada" to handover the H4 approval? Yes you can if its commutable easily via road.

You need to map your situation on below:
US residents(H1 and H4). H1 and H4 travels together to Canada on COPR(one of them is principal applicant in PR application).
H1 returns back to US after landing.

Options:
H4 waits in Canada for H4 approval document from US via courier. Later H4 travels to US assuming H4 I94 is extended by uscis.
or
H4 waits for H1 to come back to Canada with H4 approval and travel back together to US assuming H4 I94 is extended by uscis.

 

[siddsin]

"Come back to Canada" to handover the H4 approval? Yes you can if its commutable easily via road.

You need to map your situation on below:
US residents(H1 and H4). H1 and H4 travels together to Canada on COPR(one of them is principal applicant in PR application).
H1 returns back to US after landing.

Options:
H4 waits in Canada for H4 approval document from US via courier. Later H4 travels to US assuming H4 I94 is extended by uscis.
or
H4 waits for H1 to come back to Canada with H4 approval and travel back together to US assuming H4 I94 is extended by uscis.

Sorry for the confusion, Sir

What you have written is accurate -

US residents(H1 and H4). H1 and H4 travels together to Canada on COPR(one of them is principal applicant in PR application).
H1 returns back to US after landing.
H4 waits in Canada for H4 approval document from US. Later H4 travels to US assuming H4 I94 is extended by uscis.



Regarding the later H4 travels to US after receiving the i797 hard copy, for that travel what is the best option?

1. Should H4 ask H1 to travel back back to Canada using the CoPR (with the landing date) and both H1 and H4 re-enter via the US land border?

2. 1. Should H4 ask H1 to travel back back to Canada using the CoPR (with the landing date) and both H1 and H4 re-enter taking a flight back to the US?

2. Should H4 re-enter alone using the land border?

3. Should H4 fly back to the US alone once i797 original copy is received?

 

[harirajmohan]

Regarding the later H4 travels to US after receiving the i797 hard copy, for that travel what is the best option?

1. Should H4 ask H1 to travel back back to Canada using the CoPR (with the landing date) and both H1 and H4 re-enter via the US land border?

2.1 Should H4 ask H1 to travel back back to Canada using the CoPR (with the landing date) and both H1 and H4 re-enter taking a flight back to the US?

2.2 Should H4 re-enter alone using the land border?

3. Should H4 fly back to the US alone once i797 original copy is received?

Please based on rules.

Canada reenter without PR Card:
After landing, COPR doesnt expire. You can not travel via commercial vehicle such as plane/bus without PR card(or PRTD).
Just with COPR, one can only travel via land to Canada.

To US:
One can return back to US from Canada using flight/bus/car. No restrictions. You need to find out the quarantine/testing measures at US end if you fly.