Visit to Canada via Road

[gs77]

Hi,

Our 485 are pending. We have Advance Parole. Our H1B/H4 are valid till end of 2009 but we have not
stamped yet in our passport.

We are planning to visit Canada via road for a week. We will come back via road too.

Can we use our H1B/H4 documents at border to enter into US ?

Could you please share your experience ? I'll appreciate your answer.

Thanks.

PD 04/2004 (EB3 - India)

[reddymjm]

U can enter on AP. Make sure you ask for a new I94 when you enter US.

[googlegc]

If you do not want to use your AP, search for Automatic Visa Revalidation in google. It should give you lot of info.

HTH

Originally Posted by gs77

Hi,

Our 485 are pending. We have Advance Parole. Our H1B/H4 are valid till end of 2009 but we have not
stamped yet in our passport.

We are planning to visit Canada via road for a week. We will come back via road too.

Can we use our H1B/H4 documents at border to enter into US ?

Could you please share your experience ? I'll appreciate your answer.

Thanks.

PD 04/2004 (EB3 - India)

[reddymjm]

1

[bskrishna]

I think he should have a visa stamp, but not a valid one. In that case he could use AVR ..........

[bfadlia]

Originally Posted by reddymjm

Automatic Visa Revalidation works only if he has a valid visa stamped on the passport. He said he do not have that. I would say do not try to get visa stamped in Canada.

I believe the visa stamp can be expired and still you can use AVR if you have unexpired documents like approved H1 petiton
Just make sure you don't try to get a visa stamp in US consulate in canada because if denied you won't be able to use AVR.

[bfadlia]

The current rule, found in the Code of Federal Regulations at 22 CFR 42.112(d), provides for "automatic revalidation" of nonimmigrant visas for aliens who have been out of the United States for less than 30 days in contiguous territory (i.e. Canada or Mexico) and have an Arrival-Departure Record (form I-94) showing INS approval of an unexpired period of admission. Such aliens may be applying for readmission in the same classification or in a new classification authorized by the INS prior to their departure. In the latter case, the revalidation includes a change to the new classification. In the case of qualified students (F-1) or exchange visitors (J-1), the benefit of automatic revalidation also covers travel to "adjacent islands" other than Cuba.


So basically an unexpired i-94 portion of your H1's approved i-797 is what gets u back in, not the visa stamp

[reddymjm]

But all the POE entries by Land they take an hour to issue an I94. They might not even heard of that rule. So it is better to use AP and make your life easy.

[gs77]

Thanks all for your reply.

So I can use our uxexpired I-94 to re-enter into US.

Thanks again.

[absaarkhan]

Most Of the Officers At the POE are Aware of the AVR Rule.

I have used AVR couple of Times, while Entering back into US it takes less
then 10 mins, The POE Officers are very much aware of this Rule.
They just check your Expired Visa, Current Valid I-94 Document, and they make sure
that u DID NOT appeared for a Visa Interview and YOU DID NOT Traveled Out of
Canada and you are Coming back to US within 30 Days.
They take like 5 mins to Verify this and u will be all set.

Overall i have found this Rule to be very useful with Minimal Risk.

[deba]

I have done this 3 times during the last year or so, I can speak from experience. I have used both AVR and AP while coming back from Canada. First time, my visa was expired (had valid I797 and I94) and used AVR at border, was fast and easy. Second time I had to use my AP since I had gone to India and returned on AP. I did not apply for a visa in India or Canada. However, if you are using AP at Canada boder, make sure you have enough time. When I arrived there was a room full of people waiting for various reasons and mine took over an hour to get a new I94. I was asked only one question: do I still work for the same employer? thats it. If your paperwork is in order you should be ok. I would think all CBP officers at border are aware of AVR and AP rules. You should not have any problems at all.

[gc_kosam]

Hi Absaarkhan,

I am also planning to visit Canada, Curretly I am on H1... valid throguh Sep 2008 (H1 approval I 797). My H1 Visa stamp has expired on passport and that VISA was from some other company (not the current comapny). Even in this situation (i.e. Current valid I797 is from ABC comapny, but expired Visa was from XYZ comapny) can I use AVR.

Please advice. thanks in advance

Originally Posted by absaarkhan

Most Of the Officers At the POE are Aware of the AVR Rule.

I have used AVR couple of Times, while Entering back into US it takes less
then 10 mins, The POE Officers are very much aware of this Rule.
They just check your Expired Visa, Current Valid I-94 Document, and they make sure
that u DID NOT appeared for a Visa Interview and YOU DID NOT Traveled Out of
Canada and you are Coming back to US within 30 Days.
They take like 5 mins to Verify this and u will be all set.

Overall i have found this Rule to be very useful with Minimal Risk.

[munnu77]

it says 30 days in US and mexico and xome back with valid i94 even if visa has expired.

but how do they know whn we entered mexico or canda..
last time i drove from detroit to canda, they just let me in without asking any docs, even if i had a visiting canada visa..they didnt stamp anything ont he passport.

The border office at booth asked, where r u goign?
i said xyz city. he said "Ok, go ahead".
Is this just an exception?

[InTheMoment]

From my experience of coming in and out of Canada by road more than 10 times using AVR 2 times, I did not have to wait more than 15 mins. (The time actually depends totally on the border POE and the time of the day).

Secondly, most all CBP officials know know about AVR, if they don't, take a copy of the AVR law, read it and assimilate. If you are confident that you are entering lawfully there is no reason to budge. Also on one occasion I was asked to pay $6 for a new I-94.

Now, if aside from AVR usually entering on a valid I-94, US CBP officials do not stamp PP to record entry. This can be an issue if an I-485 RFE asks for proof of latest entry. To obviate this I insist CBP to stamp my PP so that I have a valid proof of inspected entry.

To summarize AVR:

1.)You have to visit a contigiuous territory (Canada and Mexico) for visit less
than 30 days (if you do not have a Canada/Mexico entry stamp, they
usually go by your word. If you want to be safe ask Canada/Mexico to
stamp your PP on entering)
2.) You are not a national of DOS specified countries that sponsor terrorism
3.) You do not go to Canada/Mexico, fly to another country come back to
Canada/Mexico and then re-enter.
4.) You applied for visa in a US consulate in Canada/Mexico and was not
denied.

Originally Posted by reddymjm

But all the POE entries by Land they take an hour to issue an I94. They might not even heard of that rule. So it is better to use AP and make your life easy.

[reddymjm]

Originally Posted by InTheMoment

From my experience of coming in and out of Canada by road more than 10 times using AVR 2 times, I did not have to wait more than 15 mins. (The time actually depends totally on the border POE and the time of the day).

Secondly, most all CBP officials know know about AVR, if they don't, take a copy of the AVR law, read it and assimilate. If you are confident that you are entering lawfully there is no reason to budge. Also on one occasion I was asked to pay $6 for a new I-94.

Now, if aside from AVR usually entering on a valid I-94, US CBP officials do not stamp PP to record entry. This can be an issue if an I-485 RFE asks for proof of latest entry. To obviate this I insist CBP to stamp my PP so that I have a valid proof of inspected entry.

To summarize AVR:

1.)You have to visit a contigiuous territory (Canada and Mexico) for visit less
than 30 days (if you do not have a Canada/Mexico entry stamp, they
usually go by your word. If you want to be safe ask Canada/Mexico to
stamp your PP on entering)
2.) You are not a national of DOS specified countries that sponsor terrorism
3.) You do not go to Canada/Mexico, fly to another country come back to
Canada/Mexico and then re-enter.
4.) You applied for visa in a US consulate in Canada/Mexico and was not
denied.

I took my new I94 twice from Detroit-Windsor tunnel and Bridge twice. Both times I had to wait an hour to get my I94 as most of them did not know how to issue a new I94. It was an year ago. May be they know it now.