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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. Question about Automatic Revalidation of a Nonimmigrant Visa

    Firstly, I am immensely thankful to everyone for sharing their experience and suggestions for others in this forum. I have mostly been following the posts until the point now where I have a question myself and I was required to post this message. Can you please go through the following points and share your thoughts on the same?

    1. I have a valid H1B petition with my I-94 till 17 June 2018 (H1B visa expired on Sep 2015). My company is in the process of initiating my extension. However, I have an approved COPR (Confirmation of Permanent Residence) for Canada and I have to appear physically at a Canadian Port of Entry along with my family before 28 June 2018 to complete my PR formalities.
    After completing the PR formalities, I want to enter USA on the same day. Is it possible to re-enter US via the "Automatic revalidation of a Nonimmigrant Visa" process and use the valid I94 on my petition instead of my expired visa? At this point, I can legally resume my work in the US upon entry if admitted as my petition is valid? Does it influence the admission into the US if
    a. the petition for extension has been filed or
    b. if the petition for extension has not been filed

    2. My wife has a valid H1B petition and I-94 till Oct 2018 (H1B visa expired on Sep 2015). However, we had applied for a Change of Status (H1
    to H4 via I-539) on 20-Nov-2017 and it is still in progress. Now, in order to complete the PR formalities, she would also need to accompany me to Canada and return on the same day. I have the following questions:
    1. Is she eligible to be readmitted to the USA via the "Automatic revalidation of a Nonimmigrant visa" process?
    2. Is her current I-94 on the H1B Petition still valid and can it be used in order to enter US via the "Automatic revalidation of a Nonimmigrant visa" process (since her H4 has not been approved yet)?
     
  2. As long as you have 'VALID' H1-B petition and returns within 30 days, there should not be any issue in AVR process.
    AVR is only when you have expired visa and coming back to US from Canada and Mexico.by
    Valid H1B petition is required to re-enter and ensure your stay is 'legal'
     
  3. Thanks for the prompt response. What about the case of my spouse?
     
  4. If she is still working in her H1, then she can come back using that i797. Otherwise no. One more option for her would be to get H4 stamping in Toronto, and come back that. That would basically abandon the pending change of status application, but she could still change the status.
     
  5. I was able to successfully fly back to USA using AVR. For returning from Toronto to USA I booked Air Canada flight. I couldn't get the boarding pass through the kiosk machine since my visa was expired on my passport. But airline staff issued ticket after verifying my valid i797 form. Then at US port of entry there were no issues, officer was aware of the AVR process.

    I want to thank all the active members of this forum without their advise I wouldn't have known so much about the AVR process.
     
    kumarusa likes this.
  6. Congratulations !! This is great to hear.
     
  7. Hi,

    Can you kindly elaborate the process at Toronto Airport. I'm planning to use AVR and how to proceed if they don't give a boarding pass? Heard airlines generally have no clue about AVR
     
  8. Does the AVR process also work if you never went for Visa stamping?
     

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