Change to Automatic Visa Re validation since Oct 2017 and Impact

[greencard14]

Did you request for new i94 for your wife while coming like you had mentioned?

Ok, this is what we found out practically.
No new I-94 for AVR in most cases as I had a good chat with the officer. They are issuing I-94 if for some reason something is flagged in their system and they ask you to park your car and walk into the building to check any additional info. Issuing new I-94 is a little time consuming and they can't do it at the drive through.

Ok, coming back to our case, we crossed the border using AVR a few times with no new I-94 and standard questions. In the most recent trip, my wife got her visa stamped in Toronto and because we are entering the U.S. after a visa has been stamped, we had to walk into the office to verify a few things and they gave a paper I-94 at that point stapled to the passport. They confirmed it is only because it's the first time she was entering after getting the visa stamped and any subsequent visits should be quick without getting out of the car.

Hope this helps.

 

[DEEPCUR]

Ok, this is what we found out practically.
No new I-94 for AVR in most cases as I had a good chat with the officer. They are issuing I-94 if for some reason something is flagged in their system and they ask you to park your car and walk into the building to check any additional info. Issuing new I-94 is a little time consuming and they can't do it at the drive through.

Ok, coming back to our case, we crossed the border using AVR a few times with no new I-94 and standard questions. In the most recent trip, my wife got her visa stamped in Toronto and because we are entering the U.S. after a visa has been stamped, we had to walk into the office to verify a few things and they gave a paper I-94 at that point stapled to the passport. They confirmed it is only because it's the first time she was entering after getting the visa stamped and any subsequent visits should be quick without getting out of the car.

Hope this helps.

Cool.. This explains why people who fly get new i94 despite AVR, and not who cross by road.

How are you and your family finding Canada moving from US? Liking it?

 

[greencard14]

Cool.. This explains why people who fly get new i94 despite AVR, and not who cross by road.

How are you and your family finding Canada moving from US? Liking it?

Mostly liking it. Just a few minor odd things but that is okay considering the piece of mind having a PR compared to H1B with long GC wait times.

 

[DEEPCUR]

Mostly liking it. Just a few minor odd things but that is okay considering the piece of mind having a PR compared to H1B with long GC wait times.

Good. Are you keeping your US job? Did your spouse get a job in Canada?

Also how is the rent in Windsor?

 

[greencard14]

Good. Are you keeping your US job? Did your spouse get a job in Canada?

Also how is the rent in Windsor?

Yes, but payroll will be run from Canada/Toronto office.
So, regarding rent, apartments are pretty similar to mid sizes U.S. cities. So, 2-3 bedroom from $1000 to $1400 CAD depending on how good they look. Decent houses in decent neighborhoods are expensive compared to U.S. like around $1500 to $2100 CAD for a 3 bed 2 bath. We chose to lease a house in good school district.

 

[lmota]

I used AVR this past weekend. The officer at the gate asked lot of questions about purpose of my visit and why I was in Canada (If I was PR in Canada, Why am I coming to US, Why PR in Canada). The officer inside was cool (no questions). Just let me know that my visa has been validated and I can go. She did not stamp my passport or took my finger prints or asked me pay any fee. She returned my I94. I checked my arrival history online and it is updated.

H1B visa on my passport is expired. However, i have a valid I797 with the paper I-94 that has a admission date until 2021. I was planning to go to canada for two weeks to get my PR activated. Am i still eligible for AVR? If yes can you please share more details on the process involved for the same?

 

[APPNOV2014NY]

Hello Guys - Quick Question on AVR. I am planning COS ( Change of Status) from L1 to H1 ( and my wife will move from L2 to H4). Same company. H1 was approved in 2017. Can I still use AVR after COS from L1 to H1 for my short Canadian trips ( 1-3 days) or do I have to get H1 visa stamping.

 

[maddymaddy]

What about travelling in AVR when amendment/extension is in progress? I still have 5 months left in my current petition. Raised an amendment last week. Is it ok for me to travel and come back?

Hi, this might be late but I don't think avr is applicable if you have any open pending petition open . Let us know how it went for you .

 

[cvask]

Thanks a lot for opening this thread on AVR topic.

I am going to PR landing to Windsor on June 16th. I have approved H1b from my current employer. My previous H1b (visa stamp in passport) is expired in 2016 and I haven’t travelled out of US since then to get new stamp.

Does anyone know if I am eligible for AVR on my way back from Windsor (same day or next day) after landing?

Or do I need to go to consulate in Toronto to get new visa stamped in passport?

Please let me know. Thanks in adnavce.

 

[email.6633]

There are few conditions for AVR such as within 30 days, Only canada and mexico, i 797 approved, valid i94, no pending extension/amendment etc. Please check the website and ensure you satisfy all conditions...

Thanks a lot for opening this thread on AVR topic.

I am going to PR landing to Windsor on June 16th. I have approved H1b from my current employer. My previous H1b (visa stamp in passport) is expired in 2016 and I haven’t travelled out of US since then to get new stamp.

Does anyone know if I am eligible for AVR on my way back from Windsor (same day or next day) after landing?

Or do I need to go to consulate in Toronto to get new visa stamped in passport?

Please let me know. Thanks in adnavce.

 

[email.6633]

i didnt do AVR. It is mentioned that no application should be pending.

Hi, this might be late but I don't think avr is applicable if you have any open pending petition open . Let us know how it went for you .

 

[maddymaddy]

There are few conditions for AVR such as within 30 days, Only canada and mexico, i 797 approved, valid i94, no pending extension/amendment etc. Please check the website and ensure you satisfy all conditions...

no pending extension/amendment.. What abt pending transfer? Does someone know?

 

[DEEPCUR]

no pending extension/amendment.. What abt pending transfer? Does someone know?

That is not true if you have a valid petition with i94. You can have pending petitions if you are within i94 date. I traveled with pending amendment, and got it approved without any issues. I checked with my attorney before traveling, and he mentioned that pending amendment is not an issue to use automatic visa revalidation. There is member called dora115, he traveled with pending extension (of course he had a valid petition). You could check his experience in this H1b forum. You can travel with transfer too, absolutely no problem. Nowhere it has been mentioned in cbp or uscis site that one should not have pending petition.

All you need is a valid i94, passport and expired visa.

 

[maddymaddy]

That is not true if you have a valid petition with i94. You can have pending petitions if you are within i94 date. I traveled with pending amendment, and got it approved without any issues. I checked with my attorney before traveling, and he mentioned that pending amendment is not an issue to use automatic visa revalidation. There is member called dora115, he traveled with pending extension (of course he had a valid petition). You could check his experience in this H1b forum. You can travel with transfer too, absolutely no problem. Nowhere it has been mentioned in cbp or uscis site that one should not have pending petition.

All you need is a valid i94, passport and expired visa.

Based on the below link
https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

If you see here, it says "The person does not have a pending or rejected application for a new visa."

 

[DEEPCUR]

Based on the below link
https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

If you see here, it says "The person does not have a pending or rejected application for a new visa."

I hope you understand the difference between visa and a extension of stay / amendment work petition application. It means you should not schedule a visa stamping or appear for stamping and attempt to return with a rejected stamping when you visit Canada using AVR.