Urgent help regarding AVR . Need clarification

[kumapathy]

My spouse entered the U.S. on an H-1B visa stamp but the H-1B visa stamp in his passport has expired. He changed employers and have a new H-1B approval notice which authorizes him to work for my new employer. Although his H-1B visa stamp has expired, He has a valid I-94 and a valid passport. He is going to Canada for soft landing . Can He take advantage of the automatic revalidation rule?

 

[mr.preetsingh]

My spouse entered the U.S. on an H-1B visa stamp but the H-1B visa stamp in his passport has expired. He changed employers and have a new H-1B approval notice which authorizes him to work for my new employer. Although his H-1B visa stamp has expired, He has a valid I-94 and a valid passport. He is going to Canada for soft landing . Can He take advantage of the automatic revalidation rule?

He might face issues at Immigration, so should talk to a lawyer or attorney about this.

 

[rohit.joshi]

He might face issues at Immigration, so should talk to a lawyer or attorney about this.

Hi Preet,

Can you please tell me as to why there will be issues at immigration side?

Thanks,
Rohit

 

[mr.preetsingh]

Hi Preet,

Can you please tell me as to why there will be issues at immigration side?

Thanks,
Rohit

Two things:

You have mentioned "H-1B approval notice", so if you have applied for a Visa in US, then you must apply for a non-immigrant visa to before leaving or re-entering US.

If you are landing through Air, there can be issues with immigration (not in Canada), I am talking about return.

And do remember, you can not re-enter Canada without PR card. And PR card is taking 60+ days (at this moment).

So better talk to a lawyer or attorney about this.