Will AVR (Automatic visa revalidation) work for me?

[anniejames]

Hi all,

I am currently on a H4 visa status with validity till 2012. I have also an approved H1B petition. So can I go to mexico and re-enter US on H1B status using AVR ? or do I require a expired visa/status to do AVR ?

I highly appreciate any replies on this.

Thanks you,

Annie.

[pontevecchio]

You cannot use AVR to come back in H1 status. In order to come back in H1 status you need to have a H1 visa. You can use AVR to come back in H4 status.

[anniejames]

I do have an approved I129 petition of my H1B. Can I use that to re-enter using AVR?

[pontevecchio]

I would not think you can circumvent H1 visa stamping by using AVR. Either have your sponsor file a H1 with COS from H4 again or leave and come back in H1 status.

[chakrakr]

No. Using AVR you can enter in your current status (H4) not in a new status (H1). You either need a new H1 stamp or need to COS to H1

[Skhan0301]

Yes, you can use AVR rule, provided that you have your H1B approval. Keep in mind your latest approval decides your status in US. Lets say if you came to US on H4 visa and you have H4 visa stamp on your passport. Once you receive your H1B approval then your status is no more H4.

Following 2 rules are part of AVR

1. You must have an expired non-immigration visa stamp on your passport and expired I-94.

2. You must have you approved and valid I-797 and I-94.

Note: If your H4 Visa on your passport is not expired then I am not sure how it will work under AVR.

[dee102380]

AVr generally applies to the SAME visa category. I.e you can come back in H-4 , not in H-1

[nvr2009]

Hi,

I came to US on L1 visa in 2004 and in 2006 I applied L1 to H1 COS. I worked on L1 upto May 2007 and switched to H1. H1 company told me that I can work for L1 without any issues even after H1 COS approved. I transferred H1 to company B and started GC. I am current in February month. Since I was OOS for more than 6 months and never travelled to home country, I can not submit 485.

One attorney told me that, I can use AVR to fix my OOS issue and submit 485 by using 245(k) rule?

Can somebody answered me?

Thanks In Advance