Activating PR - Automatic Visa Revalidation?


#1

Hello,

So here is my situation. I got my COPR in September. I also got my H1B in October (F1 to H1B Change of Status).
I don’t have any H1B stamping on my passport as this is the first time I got an H1 while in the US itself. My question is, is it possible for me to go to Canada for say 3-4 days to activate my PR there and then come back to the US using the Automatic Visa Re-validation rule? Basically avoid getting the stamping done? So that I can do that at a later date when I have more leave?

Any help/experiences would be helpful!

Thanks

PS - I was planning on flying in and out of Canada.


#2

You didn’t have an H1B before so you can’t revalidate anything. I would recommend flying to Canada for confirming PR and take a trip from Canada to your home country to get H1B stamp. This will require some planning but I feel it’s much safer this way.


#3

I guess re-validation is based on i94. So he should be good.

https://isso.cornell.edu/students/travel/re-enter-canada-mexico


#4

Yeah I had read this same link. It’s all very confusing.


#5

Agree it’s safer that way or maybe try for stamping in Vancouver. Any experiences regarding that?


#6

Don’t think it’s worth the risk . Agreed it’s allowed for both H1B and F1 but the understanding is you must be on same visa as well n passport . COS might be an unchattered territory for the officer on border. Don’t risk .


#7

I’m no immigration law expert, but here are my simple two cents: To enter into the US, you need to have some kind of Visa on your passport. From what I understand you only have an F1 Visa on your passport at the moment. So if you want to enter back in the US, it has to be by the way of the F1 Visa you have on your passport. But State department website states (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html) that Automatic Revalidation is only for “expired visas”? I have the three following thoughts:

A. Has your F1 visa expired already?
B. Even if it has, as you are no longer in F1 status (since you said change of status to H1 has been approved), as far as I know you would need a valid I-20 accompanying the expired F1 Visa, which I’m not sure if you would be able to get given you are no longer on F1 status
C. As you’re on H1 status now, would you even be able to apply for Automatic Revalidation based on your F1?


#8

If anyone who was on F1 visa till Sept 30 and H1 visa since then starting October 1st has an expired F1 visa. So he should qualify for AVR. Change of status H1-B comes with a valid I-94. So if you are travelling to just Mexico or Canada and that too for less than 30 days then you satisfy all requirements for AVR. I have read through several forums and also the DHS website and all say the same thing. I am no expert either.

Someone who has gone through this process may provide an opinion.


#9

I didn’t know this. If that is the case then he definitely doesn’t need anything to do with an I-20.


#10

yes, I just got my H1-B with change of status. My approval notice has a valid I-94 at the bottom.


#11

@ss0592 I have similar plan of landing in Canada before may 31st 2019 to activate my PR and enter using AVR. So, I contacted an immigration attorney and they confirmed this should not cause any issues.

https://rnlawgroup.com/news/644-automatic-revalidation-exception-to-re-entering-the-united-states-with-a-valid-i-94-and-expired-visa


#12

Gosh! my attorney (okay, legal assistant) said no, not possible. :confused:
So what visa are you on currently? Have you ever held H1B before? If you don’t mind answering.


#13

They are my attorney’s too. Lol. I have emailed them yesterday about this. Waiting for their response.


#14

@ss0592 I was on F1 until Sept 30, 2018 and starting October 1st, 2018 I am on H1B.
I got through the lottery and my H1B petition was approved in august this year with valid i94 attached till 2021.


#15

Same status but my approval came in September. :slight_smile:


#16

Thanks guys. Mine was in Oct. Maybe I’ll attach some links and ask the attorney to confirm… such a mess!
Also btw, I’m a girl :stuck_out_tongue:


#17

image

Oops sorry :slight_smile: there was no way for me to know that. :wink:


#18

Hahaa no worries


#19

I have heard getting stamp in any country other than your home country is risky. However I don’t know anyone personally who got their stamp in a third country.


#20

I think OP is already on H-1 status in the system, F-1 is no longer the case. OP needs to get H-1 visa stamped and revalidation doesn’t apply.