Automatic Visa Revalidation

[aspire_h1b]

I am planning to travel to Canada by air with expired H-1B Visa stamping for a week.

 

Can I enter back into United States under Automatic Visa Revalidation (AVR) rule? Is the AVR rule considered when traveling by air as opposed to by land?

 

Thanks

 

 

[shuchigupta]

Hi I am copying a part of the link that might be helpful to you:

 

The link : hhttp://www.dartmouth.edu/~ovis/updates/h1b/travel.html

 

 

 

Automatic Revalidation: Travel to Contiguous Territory & Adjacent Islands

H-1B / H-4 status individuals

After initial entry to the U.S., persons in H-1B status who have an expired non-immigrant visa in their passport may re-enter the U.S. without obtaining a new U.S. visa if their travel was solely to a contiguous territory (Canada or Mexico) and their travel is for a period not exceeding 30 days. This procedure is known as "automatic revalidation" of the U.S. visa. The visa is automatically presumed to be valid for entry to the U.S. on the date the non-immigrant presents him- or herself at the U.S. border.

To take advantage of automatic re-validation of an expired H-1B visa after travel to a contiguous territory, travelers must have, in addition to their passport and I-797 H-1B or H-4 approval notice, a valid Form I-94 card or passport Admission stamp showing H-1B or H-4 status.  If you entered the U.S. by air or sea, OVIS recommends carrying a copy of your electronic Form I-94, which can be accessed and printed here.  It is also recommended to carry with you proof of your employment, such as a letter from your employer, or paycheck stubs.

Note that the following persons are *ineligible* for Automatic Revalidation:

1. People who have applied for a new visa while in Canada or the adjacent islands, and the visa application is pending a decision or has been denied a new visa application.
2. Nationals of Iran, Syria, Sudan, and Cuba are not eligible for automatic revalidation of an expired visa. Thus, for example, if a citizen of Iran travels to contiguous territory for a day and has an expired visa, but a valid extension approval notice of status; he will need to obtain a visa to return to the U.S.
3. Automatic revalidation does not apply to the Visa Waiver Program.

If you are planning to take advantage of it please see the copy of the regulation that allows this, here (22 CFR C. 1, part 41.112(d)).