Q: Automatic visa Revalidation
Can AVR be used in this case:
One has an expired H1b visa, expired i-94, valid i797 (through consular processing).
Can the person visit canada for less than 30 days and come back without a visa stamp, and get a new i94 issued?
Please note that the person’s i485 has been filed prior to the expiration of i94.
Thanks in advance.
A:
You can use Automatic Visa Revalidation (AVR) in your situation. If you have an expired H1B visa and expired I-94 but hold a valid I-797 approval notice, you may visit Canada for less than 30 days and re-enter the U.S. without obtaining a new visa stamp. Upon re-entry, you should receive a new I-94, as long as your I-485 was filed before your I-94 expired.
Before you travel, ensure you carry all necessary documentation, including your expired visa, expired I-94, valid I-797 approval notice, and a copy of your I-485 filing receipt. These documents will help demonstrate your eligibility for AVR when you return to the U.S. border.
Remember, AVR is only applicable for short trips to contiguous territories (Canada, Mexico) and not for other international travel. Always verify the latest regulations and consult with your immigration attorney if you have specific concerns or questions about your case.
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