AVR rule to enter USA with change in employer and valid I94 and expired visa stamp of old employer

[Uday4 (Uday)]

Hi

I have few questions related to AVR rules.

I have a question on whether I am eligible to utilize AVR rule with my current I797 to enter back to USA from CANADA by road.

We are planning to go to CANADA for a short trip( same day return)

I have come to USA in 2015 on H1B which was sponsored by my previous employer XXX. Later in 2019 I took an employment at YYY and my H1B got transferred to them.

I have an expired Visa stamp (expired on October 2019 and also employer on visa states XXX) and an approved I797 ( sponsored by YYYY).

Kindly advise me on below points.

1. Is the change in employer will cause any issue to use AVR?
2. I’m currently on the 7th year of my H1B ( YYY filed I140 petition). Will this be an issue to use AVR?
3. I have booked a Dropbox appointment in my home country India for March 11th 2022. If I travel to CANADA and come back before this date , Is this appointment considered as an application pending ? Will this be an issue to use AVR?
4. What is the best soft landing / AVR border in Buffalo/Niagara area that you are aware of ?
5. My spouse has her old stamped visa ( expired on Oct 2019) and approved H4 petition. Is this ok?

I’m sorry I have asked many questions. Could you please kindly give your thoughts or advice based on our users experiences in this forum.

[Kalpesh_Dalwadi]

@Uday4

Is the change in employer will cause any issue to use AVR?

No issues.

@Uday4

I’m currently on the 7th year of my H1B ( YYY filed I140 petition). Will this be an issue to use AVR?

No.

@Uday4

I have booked a Dropbox appointment in my home country India for March 11th 2022. If I travel to CANADA and come back before this date , Is this appointment considered as an application pending ? Will this be an issue to use AVR?

You cant use AVR if you had applied for visa in Canada and go for interview at a US consulate in Canada.

@Uday4

What is the best soft landing / AVR border in Buffalo/Niagara area that you are aware of ?

Check on the CBP website. There is nothing called ‘best’.

Buffalo, New York - 0901

@Uday4

My spouse has her old stamped visa ( expired on Oct 2019) and approved H4 petition. Is this ok?

Yes!

Make sure you carry all supporting documents for H1B and H4 dependents.

[Uday4 (Uday)]

Thank You @Kalpesh_Dalwadi

I appreciate your effort in responding to my questions.

[Uday4 (Uday)]

Hi Kalpesh @Kalpesh_Dalwadi

I have one more question, my Spouse who is on H4 have an approved I539 until Feb 2025. She has her old expired Visa on passport. But her passport is expiring in May 2023.

If she is looking to utilize AVR, does the passport expiry will cause any trouble as it is less than the H4 approval end date.

[Kalpesh_Dalwadi]

@Uday4

If she is looking to utilize AVR, does the passport expiry will cause any trouble as it is less than the H4 approval end date.

CBP will issue I-94 till the passport expiry ( while coming back from Canada as well as India) unless you renew the passport however can only do it within 12 months of expiry.