Automatic Visa Revalidation (AVR) to enter USA with no H1B stamp (first H1B)

[harirajmohan]

@harirajmohan : any idea if i can renew it in Toronto, if i am from montreal? Also, what are the proofs i need to submit and can i mention reason for emergency(however my passport expires in March2021) as i need to travel to US as i work there. Can you please clarify on that.

@DEEPCUR thanks for your inputs.

As mentioned earlier, there was no additional document for emergency i was asked to submit except a declaration form/letter (which was given at the front desk in the consulate) requesting emergency passport. In this form/letter there will be a column/line to enter the reason for emergency but they never asked for any proof of emergency.
I paid additional fee and got the passport on the same day.
https://www.cgitoronto.gov.in/page/emergency-passport/

Call them to find out if they accept walk-in or you have to mail it.

"COVID-19 Alert
In the wake of outbreak of Corona virus (COVID-19), it has been decided to suspend all walk-in /over the counter services at the Consulate General of India, Toronto with immediate effect, until further notice."

 

[swan0206]

Thanks guys. @DEEPCUR and @harirajmohan . This is helpful.

 

[Monikap]

Yes, there was paper slip stapled to my passport.

Yes, i have the Champlain POE.

Only one entry point was open(one car infront of me, no cars backside).

i was called with a hand wave. stopped my car.

Me: going through all the posts, i was only having in my mind to handover the i797copy, did not handover him the passport(my bad).
Officer: Give me your passport(Where do you stay)?
Me: Gave my passport, New jersey
Officer: Your visa is expired, was this your first renewal.
Me: got confused, said it was 2nd.
Officer: he elaborated and repeated the question again.
Me: Sorry, yes this is my first extension. i am sorry.
Officer: ok, checking something in the system(please open your trunk. There was another officer with him who checked my trunk). Done with checking and handed-over the passport and my i797 copy to that officer and asked me to pull over my car to Secondary inspection, meanwhile asked me "Do you have any questions"
Me: No officer.
Me: I pulled over. In 2mins second officer came and asked me to wait inside the car(sipping my coffee, too many questions in my head)
After 10mins, two officers, a lady officer and one male officer, came out, asked me to leave my car there and come inside(its just 2mins of work, we need to take your fingerprints, i was ok, i am done).

Me: went inside( the office is full of officers at all counters, i am the only one traveller there), officer directed me to counter 8.
Officer at the counter: your right hand four fingers( he is explaining to another officer beside him about AVR, may be he is on training). asked me for $6, i told no cash, credit is fine.

They printed a white slip with details. (meanwhile officer at counter: what do you do
Me: I am a software engineer.
Officer: Ok, next time, present both of these(passport with the i94slip and i797). you are good to go.
Me: Thank you. You have a good day.

Hi, did you give them whole i797 form with attached i94 ? And they themselves took out that required portion?

so your h1 petition was approved but not stamped and f1 was expired right ( i have some situation)

While calling cbp i got an email but not sure on points underlined below. Hence checking.

Thank you for contacting U.S. Customs and Border Protection (CBP) Information Center.

Automatic revalidation is not the same as applying for a new visa. You cannot take advantage of automatic revalidation if you have applied for a new nonimmigrant visa.

Certain temporary visitors holding expired nonimmigrant visas who want to re-enter the United States may be admissible under, but not limited, to the following circumstances:

• Departed the United States for brief travel to Canada or Mexico of 30 days or less
• Has a valid (unexpired) admission stamp or paper Form I-94 Arrival/Departure Record endorsed by DHS

A person is eligible for automatic visa revalidation with the following conditions:

• Nonimmigrant status continues to be valid (such as the Form I-129 for nonimmigrant workers)
• Absence from the United States was 30 days or less
• Did not visit any country other than Mexico or Canada during those 30 days or less
• Does not have a pending (or rejected) application for a new visa
• It is not possible to renew a nonimmigrant visa within the United States. A person on a nonimmigrant visa may travel to another country to apply for a new visa. Entry to the United States is not allowable until the new visa is issued
• The person is not a citizen of one of the countries designated by the United States as a state sponsor of terrorism
• As of 2017, the State Sponsor of Terrorism list includes four countries:
• Democratic People's Republic of Korea (North Korea) - designated on November 20, 2017
• Iran - designated on January 19, 1984
• Syria - designated on August 12, 1993
• Sudan - designated on December 29, 1979
• Cuba was removed from this list on April 4, 2015

The automatic revalidation provision of United States immigration law is described under the Code of Federal Regulations (CFR) in both 8 CFR 214.1(b) and 22 CFR 112(d).

 

[swan0206]

Hi, did you give them whole i797 form with attached i94 ? And they themselves took out that required portion?

so your h1 petition was approved but not stamped and f1 was expired right ( i have some situation)

While calling cbp i got an email but not sure on points underlined below. Hence checking.

Thank you for contacting U.S. Customs and Border Protection (CBP) Information Center.

Automatic revalidation is not the same as applying for a new visa. You cannot take advantage of automatic revalidation if you have applied for a new nonimmigrant visa.

Certain temporary visitors holding expired nonimmigrant visas who want to re-enter the United States may be admissible under, but not limited, to the following circumstances:

• Departed the United States for brief travel to Canada or Mexico of 30 days or less
• Has a valid (unexpired) admission stamp or paper Form I-94 Arrival/Departure Record endorsed by DHS

A person is eligible for automatic visa revalidation with the following conditions:

• Nonimmigrant status continues to be valid (such as the Form I-129 for nonimmigrant workers)
• Absence from the United States was 30 days or less
• Did not visit any country other than Mexico or Canada during those 30 days or less
• Does not have a pending (or rejected) application for a new visa
• It is not possible to renew a nonimmigrant visa within the United States. A person on a nonimmigrant visa may travel to another country to apply for a new visa. Entry to the United States is not allowable until the new visa is issued
• The person is not a citizen of one of the countries designated by the United States as a state sponsor of terrorism
• As of 2017, the State Sponsor of Terrorism list includes four countries:
• Democratic People's Republic of Korea (North Korea) - designated on November 20, 2017
• Iran - designated on January 19, 1984
• Syria - designated on August 12, 1993
• Sudan - designated on December 29, 1979
• Cuba was removed from this list on April 4, 2015

The automatic revalidation provision of United States immigration law is described under the Code of Federal Regulations (CFR) in both 8 CFR 214.1(b) and 22 CFR 112(d).

1) I handed over full i797 to them, they did not detatch that part( the original is as) , they sent me to secondary inspection where i was given a paper slip i94 stapled to my passport.
2)Yes. i do not have a valid Visa but have valid i797.
3) You can use AVR multiple times as long as your return to US within every 30days.

 

[Monikap]

1) I handed over full i797 to them, they did not detatch that part( the original is as) , they sent me to secondary inspection where i was given a paper slip i94 stapled to my passport.
2)Yes. i do not have a valid Visa but have valid i797.
3) You can use AVR multiple times as long as your return to US within every 30days.

Thank you

 

[smaan50]

1) I handed over full i797 to them, they did not detatch that part( the original is as) , they sent me to secondary inspection where i was given a paper slip i94 stapled to my passport.
2)Yes. i do not have a valid Visa but have valid i797.
3) You can use AVR multiple times as long as your return to US within every 30days.

So swan0206, would it be still legal to keep utilizing AVR for a few months ?
Say i reenter US every 29th day and go back to canada the next day. (Just to keep AVR status active as i have stamping appointment in September)
Wondering how the CBP officers would perceive this specially after a few attempts.

 

[ican&iwill]

Did anyone recently travel to Canada from USA and used the automatic revalidation program to get back to the USA? I have an approved H1B but I don’t have it stamped. Will the recent H1B travel ban affect the automatic revalidation program?

 

[AjeyaGupta]

Did anyone recently travel to Canada from USA and used the automatic revalidation program to get back to the USA? I have an approved H1B but I don’t have it stamped. Will the recent H1B travel ban affect the automatic revalidation program?

I believe the 'new' travel ban is simply an extension of the earlier travel ban. And I know people have been travelling from Canada to USA using AVR (approved i797, no visa stamp). You'll probably find people in this thread using AVR and have been travelling through this travel ban.

 

[palak.pandya]

Hi, I understand that you can use AVR to return to US from Canada. However, i currently live in Canada and commute to US to work. My visa stamp will expire on 1/15, however i have my H1b extension approved. Will i still be eligible for AVR after Jan 15th as my stamping appointment is in August.

Also, could that be the ground for requesting an emergency appointment?

 

[AjeyaGupta]

Hi, I understand that you can use AVR to return to US from Canada. However, i currently live in Canada and commute to US to work. My visa stamp will expire on 1/15, however i have my H1b extension approved. Will i still be eligible for AVR after Jan 15th as my stamping appointment is in August.

Also, could that be the ground for requesting an emergency appointment?

Based on other people's comments, I believe yes, you could still use AVR, ofcourse you will have to enter USA every 30 days. I also have H1B Extension approved, but do not have stamped H1B visa. My plan to come to Windsor is also based on the applicability of AVR.

On a separate note, you mentioned that you have visa stamping appointment in August. Have you taken appointment in Canada or India? If its in Canada, do we need to give visa interview of dropbox would suffice?

Thank you
Ajeya

 

[palak.pandya]

Based on other people's comments, I believe yes, you could still use AVR, ofcourse you will have to enter USA every 30 days. I also have H1B Extension approved, but do not have stamped H1B visa. My plan to come to Windsor is also based on the applicability of AVR.

On a separate note, you mentioned that you have visa stamping appointment in August. Have you taken appointment in Canada or India? If its in Canada, do we need to give visa interview of dropbox would suffice?

Thank you
Ajeya

My visa interview is in Canada. I don't believe they have a dropbox option in Canada. You need to go for an interview.

 

[harirajmohan]

Based on other people's comments, I believe yes, you could still use AVR, ofcourse you will have to enter USA every 30 days. I also have H1B Extension approved, but do not have stamped H1B visa. My plan to come to Windsor is also based on the applicability of AVR.

On a separate note, you mentioned that you have visa stamping appointment in August. Have you taken appointment in Canada or India? If its in Canada, do we need to give visa interview of dropbox would suffice?

Thank you
Ajeya

If you are first time stamping in Canada then you are not eligible for dropbox. But the website will take you through the workflow which will channelize you whether to book appointment or to send the passport. So you will come to know once you proceed further - after creating profile and paying the fee. After paying fee, website will then show whether to book appointment or make you send the documents.

Dropbox eligibility requires the candidate should be stamping from the same location for the same visa class, recent visa not expired for more than certain period etc.

My visa interview is in Canada. I don't believe they have a dropbox option in Canada. You need to go for an interview.

Dropbox is available.

 

[AjeyaGupta]

Thank you

Hi @Monikap
Did you happen to travel to Canada and return to USA on AVR in recent times (especially after the new travel ban)?

 

[swan0206]

So swan0206, would it be still legal to keep utilizing AVR for a few months ?
Say i reenter US every 29th day and go back to canada the next day. (Just to keep AVR status active as i have stamping appointment in September)
Wondering how the CBP officers would perceive this specially after a few attempts.

Let them know that you have to travel once in every 30days for a meeting. i have been doing this for past two months and i wasn't questioned too much on this. I would keep you posted after my next entry. As long as you have informed your employer about your move to Canada and travel and also carrying all related documents you are good.

 

[sriinn]

Hi all
i am also in the same situation, have new approved H1B and existing expired H1B visa, waiting for visa stamping in Canada. i assume this AVR option allowed by Air travel from Canada to US also right? can anyone confirm if you travel by Air.