Use of AVR while I-485 is pending

K

Kate31

Registered Users (C)
Hi

I need to go to canada...does not have Visa stamped in the passport...does have H1 extended...plan to use Automatic Visa revalidation to come back to USA within 30 days...Now as per state dept website the person using AVR:

a) Has maintained and intends to resume nonimmigrant status

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

Now I have applied for the green card (I-140/485) which means i do not intend to maintain Non-immigration status....does it mean i cannot use AVR to come back to USA..Please clarify..
 
Try doing a Google search on "Automatic Visa Revalidation".
Check with Rajeev Khanna or murthy on their free conferences/chat sessions.

Here is a copy of murthy chat:-
http://www.murthy.com/chatlogs/chat0811_P.html
Chat User : Thanks for the fantastic service. Is it better to use automatic visa revalidation for a trip of fewer than 30 days to Canada, or should one use advance parole if the I-485 is pending and H1B is not stamped?

Attorney Murthy : It is fine to use the automatic visa revalidation option to reenter the U.S. after a short trip to Canada. It is wise to keep a copy of the law allowing automatic revalidation since some inspectors at the border may not be familiar with many laws and could get confused with nationals from some countries who are no longer eligible at all for the automatic revalidation, even for a trip of fewer than 30 days. These are nationals / citizens of Iran, Iraq, Libya, Sudan, Syria, North Korea, and Cuba. If the inspector gives a person a hard time, then keep the AP, also, since one has a choice of being able to reenter on either and still be eligible to file for an H1B extension, even after entering as a parolee on the AP.
 
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