AVR with expired h1b stamping on old passport.

[math1919]

Hello All,

 

I have my H1B stamping on my old passport that has been expired for 6 years. I have my new passport but does not have any stamping. Can I still use Automatic visa revalidation to enter USA  ( travel to Canada for 3 days) since my expired H1B stamping is on Old passport and not the new passport?

[User099]

Yes, you should be able to use it.

[gopalakrishnach]

Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port-of-entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa you cannot take advantage of automatic revalidation.

[Reeni Dhar]

Have there been any changes to the AVR process with the COVID travel restrictions? My husband is in Vancouver and had planned to come back into the US using AVR, but his flight is cancelled. His 30 days are getting over on April 16th, and if he might not be able to get a flight back before that. Any advice?

[User099]

On 4/8/2020 at 4:00 PM, Reeni Dhar said:

Have there been any changes to the AVR process with the COVID travel restrictions? My husband is in Vancouver and had planned to come back into the US using AVR, but his flight is cancelled. His 30 days are getting over on April 16th, and if he might not be able to get a flight back before that. Any advice?

Its better to talk to an attorney. There are no changes to AVR.

[JoeF]

There is no nonessential travel across the Canadian border at this time.

The border is closed.

Edited April 13, 2020 by JoeF