H1b visa extension and Canada Travel for PR validation

HI, Need consultation and answers to below query…

Current Situation

My son and me:

Existing H1B 797A Validity Date: 06/06/2016 - 04/10/2019
Extension H1B 797A Validity Date: 04/11/2019 - 04/30/2020
Me and my son did travel outside India and got Visa Stamped for same employer
Visa Expiry 10 April 2019.

My Spouse:

Existing H1B 797A Dependent 539 based Validity 06/06/2016- 04/10/2019
Extension H1B 797A Validity 04/11/2019 - 04/30/2020
She did travel outside India and But had Existing Visa from old employer so NO Visa Stamp. Existing Visa Expiry 12 May 2018.

i140 approved

I do have 140 with Priority date 03/17/2017.

Canada PR approved

I applied for Canadian PR and were approved.

Canada Landing formalities

As I need to complete landing formalities, I need to go out of USA and to Canada.
I understand US borders are supposed to do Automatic re-validation and not issue new i94, but saw in many forums, US Immigration tends to issue new i94.

So wanted to understand, if we travel before 10 Apr 2019 Will there be an issue

  1. Will We be awarded new I94 …what will be the expiry date of that i94…as i have visa and my spouse will use AVR …so confused

  2. Is my petition considered as Expiry amended to April 30,2020 or extension only gets effective from April 11,2019.

  3. If somehow they issue i94 with expiry date of April10,2019…will i extension become void ?
    4.Any issue happening at Canada USA border for using VISA to enter and using AVR route ?

  4. Does having 140 , cause any issue for using AVR for my spouse?
    Please do let me know if you guys will be able to guide and advice me ?


Canada Visit i94

Usually, CBP does not issue a new i94 if you came back within 30 days. See this recent experience:

Is your wife on H4 visa or H1B?

I could not understand clearly as to which visa does your wife hold. Is it H4 or H1B?

New i94 for H4 based on H1B approved i797

If in the worst case, you are given a new i94, it will be based on the visa stamp’s validity.

For H4 cases, they do give new i94 based on primary H1B’s i797 approval though.
See this experience:

H1B extension Start date

The extension will become active only after its own validity start date. The current petition does not EXPIRE with the approval of extension.

i94 does NOT invalidate H1B approved extension

Please understand that i94 and H1B approved petition are two different things.

New i94 issues does not invalidate or VOID your extension approval.

I am not sure what you mean by AVR route.

Thanks for looking into my query…
CBP does not issue i94 normally within 30days…bt there have been reported incidents…on CanadaVisa forum…where they have send candidates to secondary Inspection…and then there they have issued new i94…so was not sure if they do issue new I94 based on current petition i.e. 10April ,2019…will my already approved extension (11April2019-30April2020) be valid ?

My son and spouse are on H4 only…srry for not being clear on this…
I meant automatic revalidation when i say AVR…not sure where i got this acronym


You would have got a new i94 already with your extension approval. isn’t it?

I think people who have got new i94 must have requested it explicitly based on their extended i797. That’s what can be done at US border if you request CBP explicitly.

Yup did receive new I94 section on bottom …bt the new extension starts from (11April2019-30April2020)…so was confused if they issue new i94 at border based on current 797 and visa i.e. 10april 2019…will that not invalidated the one mentioned on 797 bottom part

Generally, if you go out of US and come back in except Mexico and Canada within 30 days, the new i94 is issued.

I don’t think you have anything to worry. Your i94 attached to your extension approval should stay valid once you are back from Canada trip.

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Thanks for helping out

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