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H1B visa to expire in July 2018 but have to enter and exit Canada before Sept 2018

Discussion in 'H-1B Holders in the U.S.' started by Mm81, Jan 11, 2018.

  1. Hi,
    I have recently got my CoPR but the last date of entry is Sept 2018. My issue is that I am working in USA on h1b but my Visa stamping has expired and my i797 is valid until July 2018. Any suggestions on how can I enter and exit Canada before my i797 expires and how can I get it get my USA Visa stamped from canada
  2. technokedar likes this.
  3. Hi, Thanks a lot for the quick response!

    I have gone through the Automatic Revalidation process mentioned in below link


    Please can you elaborate more on my following doubts.

    1. For using Automatic Revalidation provision do I need to take prior appointment (like filling of DS 160 form and appointment required in case of visa stamping)
    Or I can simply fly back to USA from Canada on the basis of approved i797 form.

    2. What all documents apart from i797 form do I need to carry?

    3. You mentioned that "you should not apply visa in Canada if you are intending to use AVR method for re-entry"
    Will it be OK if my H1B visa extension filed from USA is in pending state? As my current i797 is expiring on July 2018, so I am planning to file

  4. It is advisable not to use AVR when your visa extension is in process. It is one of the mandates for re-entering USA.
  5. 1. No appointment needed and no need to fill DS-160 or any other form ,you need approved i797 with i-94, i crossed through land border but the process should be same.
    2. Carry 3 months paystub, offer letter, w2, complete petition, original i797, passport, I carried all important documents like education certificates, drivers license, ssn card, so I can safeguard myself in case they deny entry to me.
    3.when I traveled my h1b extension was pending, I came back on 19th December and my i797 was valid only till 31st December.

    You can find more here https://www.canadavisa.com/canada-immigration-discussion-board/threads/change-to-automatic-visa-re-validation-since-oct-2017-and-impact.527019/page-3
    kumarusa, DEEPCUR and APPNOV2014NY like this.
  6. I too had a pending amendment when I used AVR. I really don't think they have access to any pending USCIS petitions in their system.
  7. that is what i said "advisable". Different experience with different people. But it is clearly mentioned that you cannot use AVR when petition is pending. Chances of risks.
  8. Cool!
  9. Thank you for your reply!
    One more question should I travel back from Canada to USA via land because I have heard many airlines do not issue boarding pass if the Visa stamping has expired and they do not know what AVR is?
  10. Mm81,
    Did you finally travel to Canada on your expired H1b visa and safely entered US without any issue..?
    I am in same situation and exploring this option, I can travel by land/air whichever is better option to do.
    Appreciate help!!!

  11. dora115,
    You traveled by Car and was this for Toronto..? I have expired h1b but approved I-797 (h1b extension).
    Will this be safe to go with everything you mentioned and any issue at US port of entry..?

    Thank you
  12. I traveled by a rental car, I had approved original i-797, expired old passport with expired h1b Visa and a new passport with no Visa stamp. I went through Lansdowne/thousand island crossing to complete my landing as traffic is less there. The process is same whichever border crossing you take. It should be fine as long as your trip is less than 30 days, I haven't found any case of denial for AVR in this forum.
    kumarusa likes this.
  13. Awesome!!, thank you so much for responding.
    I have to travel before July 2017 and would plan now.

    Appreciate it a lot :)
    dora115 likes this.
  14. I will be travelling in March by air. Also, having my fingers crossed.

  15. Okay, all the best !
    Please let me know how it goes... I am yet to decide what to do...

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