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Change to Automatic Visa Re validation since Oct 2017 and Impact

Discussion in 'H-1B Holders in the U.S.' started by canacani, Nov 6, 2017.

  1. Hey Guys!

    Does anyone know if scheduling a visa drop-off appointment (at a future date) in India would count as a "pending application" wrt AVR? Planning to travel for 5 days in Oct, but the H1b appointment would be in Dec. Let me know if this can be an issue

    As per CBP -
    The person does not have a pending or rejected application for a new visa
  2. Just scheduling should not impact.. by pending they mean you appeared for interview and waiting for result. However if you could avoid scheduling the drop box until you finish landing, that's better and would keep you more relaxed.
  3. That's what I thought, thanks!
    let me see if I can delay the scheduling itself. For Dropbox we dont have long waiting times right? since its just OFC appointment. Correct me if wrong.
  4. that's correct.. no wait time for drop box.
    balocaxo likes this.
  5. I have a question on departure stamp (if any required). Last time we used land border, to depart US and enter Canada, none of them stamped exit or entry. How do we prove, we are returning with-in 30 days? I don't recollect if US agents scanned our passports at exit.
  6. Can someone please help me with the below query?

    My H1 visa/I94 was valid until 9/11. I got my H1 extn approved recently and the validity is from 9/12,but the I94 # has not changed. My I140 is already approved. Will I be able to use AVR option to reenter US without any issues?I am planning to use AVR option via air and not by road.
  7. Yes, that's fine.
  8. Hello,
    We received CoPR and have to land in canada before dec 2019. My husband have his visa extension till 2021 and I have it till dec 2019(extension applied, waiting for approval). We never went to india for stamping from the time we came. My I94 is valid until dec'19. Can we travel to canada and AVR applies in our case?
  9. Yes, as long as each of you has a valid I-94 (one at the bottom of approval notice), you are eligible to use AVR.
    Jessie123 likes this.
  10. Thanks for your reply. I have one more question,will my current H4 extension which is under process be affected(Cancelled/Revoked)?
  11. No, that will be fine.
    Jessie123 likes this.
  12. Thank yo so much for the reply. Also I read that if there was any visa denial in the past then it will be tough to use AVR. My husband's visa was denied in 2012,so will it be a problem? I know i am asking questions one by one but its totally confusing to choose the right path.
  13. No such thing. If you apply for a Visa while in Canada and it remains pending or denied then you are not eligible for AVR.
  14. As the person who started this post has mentioned in the first post, its better we limit the discussion in this thread to AVR and commuting. It will be very helpful if landing information is posted in Landing forums. Infact, a lot of people would be looking for such information there.

    Has anyone here is still using AVR for commuting between US and Canada? How has been your experience. Do you guys see any change or is it going as usual just like before.

    The person who started this thread said he has been using it for 4 years now. Is a long term use of AVR still doable?
  15. #165 harirajmohan, Nov 9, 2019 at 8:20 AM
    Last edited: Nov 9, 2019
    Its very difficult to do it for long term and that too for frequent commuting without having a valid visa.
    My experience:
    1. First 2 months i did not have valid visa and moved with valid I94 alone. One or the other officers keep on asking questions on the same thing and some send me inside for secondary inspection, some call from the booth the clarify. Its all waste of time and energy for border guys and candidate.
    2. Border guys recognize the paper I94 they issued from the land border of that city and lets us through without much problem but if it was some other stamped I94 then they question more.
    During the first 2 months one day they asked me to go to secondary and they started issuing new paper I94. So this paper i94 is their quick identification of commuters i think.
    3. Even one has I94 issued from land border, some officers keep on asking when i would get new visa and some ask to send for secondary.
    4. Even if we just swipe nexus and try to go, one or the other officer asks for passport and verifies.

    So i think that its more than difficult and its not worth the time and hassle. I dont know if someone was able to do it for more than a year. Even though cbp was supposed to allow but it doesnt happen practically in frequent commuting.

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