Can I use AVR?

G

gessamit

New Member
Hello,

Let me first start with the facts of my situation:

1) My wife and I are currently in the US on H4 and H1 status respectively. We are citizens of India.

2) We have a valid unexpired US Visa sticker on our passports (expires March 2009).

3) The above valid visa sticker is in the name of my previous employer.

4) I changed employers and the approved I-797 (and the attached I-94) is valid until November 2008. (Visa sticker valid till March 2009, and new H1 approval valid till Nov 2008)

5) We want to visit Canada BY ROAD for 3-4 days before 2007 ends in order to complete our PR Landing process. We are planning to use Rainbow Bridge in Niagara Falls as our exit/entry point in US.

After reading the various posts on this forum on AVR, I'm wondering if I'm eligible to avail that privilege - with my unexpired visa from previous employer and shortened approval Notice with current employer!

I'd also like to know if there is anything *special* I need to do to avail of the AVR facility, if eligible.

I appreciate your help in providing clarity in advance.

Sincerely,
Amit
 
gessamit said:
Hello,

Let me first start with the facts of my situation:

1) My wife and I are currently in the US on H4 and H1 status respectively. We are citizens of India.

2) We have a valid unexpired US Visa sticker on our passports (expires March 2009).

3) The above valid visa sticker is in the name of my previous employer.

4) I changed employers and the approved I-797 (and the attached I-94) is valid until November 2008. (Visa sticker valid till March 2009, and new H1 approval valid till Nov 2008)

5) We want to visit Canada BY ROAD for 3-4 days before 2007 ends in order to complete our PR Landing process. We are planning to use Rainbow Bridge in Niagara Falls as our exit/entry point in US.

After reading the various posts on this forum on AVR, I'm wondering if I'm eligible to avail that privilege - with my unexpired visa from previous employer and shortened approval Notice with current employer!

I'd also like to know if there is anything *special* I need to do to avail of the AVR facility, if eligible.

I appreciate your help in providing clarity in advance.

Sincerely,
Amit
Click to expand...

Amit: You are NOT eligible to use the AVR - which stands for Automatic Visa Revalidation. This is because your visa is already valid. :)

You can use the valid US visa (even if it has previous employer's name) that you already have, to re-enter the US.
 
AVR is used in situations where you don't have a valid US entry visa and will go to Canada/Mexico for less than 30 days. In that case you will be permited to leave and re-enter without submitting your unexpired I-94 at the border. A regulation change in 2002 also added the proviso that you did not apply for and was not denied a visa in Canada/Mexico.

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

In the case of the OP, you may re-enter on the unexpired visa in your passport. But make sure you are carrying your current 797 approval notice.
 
In your case, you dont need to use AVR...since u still have an unexpired Visa stamp, you will have no problem...just make sure to keep your Valid I-797 with yourself..I have done it a few times..
 
Thank you, bigoy00, fromnaija and Kate31. I can now plan the trip further without worrying about the re-stamping/re-entry issues!
 
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