Q: My i94 expiring on April 2025, Visa stamp expired(Oct 2024) but have valid i797(Dec 2026). Am I eligible for AVR proces?
Hello,
My passport is valid until April 2025 and have initial H1B visa stamping on this passport until Oct 2024. I changed my employer and got i797 approval until Dec 2026 in Jan 2024. After getting approval I travelled to India in March 2024 and returned to USA without visa stamping since old Stamping is valid until Oct 2024. During Port of Entry the Immigration officer updated my I94 to be valid only until April 2025 since my passport is valid only until April 2025.
I renewed my passport recently. Now my question is can I travel to Canada or Mexico and get my I94 extended until Dec 2026 without going for Visa Interview in Canada.
Please let me know
Thanks
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A:
Based on your situation, you would not be eligible for automatic visa revalidation (AVR) at this time. The key issue is that your current visa stamp and new I-797 are from different employers, which disqualifies you from using AVR to reenter from Canada or Mexico.
The automatic visa revalidation process requires that your expired visa stamp matches your current employer and petition. Since you changed employers and received a new I-797, you would need to obtain a new visa stamp that aligns with your current employment authorization. While your I-94 limitation due to passport expiration is a separate issue, it's not the main factor preventing AVR eligibility in your case.
Your best path forward would be to schedule a regular visa interview, either in your home country or at a U.S. consulate in Canada or Mexico. Once you obtain a new visa stamp matching your current I-797, you can then address the I-94 expiration date issue. The immigration officer can extend your I-94 up to the validity period of your new visa stamp and I-797 (December 2026), as long as you present your renewed passport.
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