Automatic Visa ReValidation (AVR - Within 30 days Canada, Mexico)

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Originally published at: Automatic Visa ReValidation (AVR - Within 30 days Canada, Mexico) - USA

What is AVR?

Automatic revalidation is an official process for people with expired visa stamps in their passports, to help them re-enter the USA without getting a new visa stamp.

The short form is known as the AVR process.

This CBP rule is also known as the contiguous territory rule.

Who Can Use AVR?

All valid H1B visa holders and students in F status, who went outside the U.S. for travel to Canada, Mexico, or adjacent islands, except Cuba (for F and J non-immigrants) for 30 days or less are eligible for automatic revalidation.

You should NOT visit any countries other than Mexico or Canada during this visit.

Travelers who are on an F visa or J visa status are allowed to visit adjacent islands to the U.S. i.e. the Caribbean but not H1B, H4, L, or other such visas.

Documents Required for AVR

#1 Approved Visa or Petition i797

For example, if you are on H1B, then carry your approved original i797A notice of approval.

#2 Passport with Expired Visa Stamp (foil)

You should carry your old or expired passport if the US visa stamp is pasted in an old passport.

#3 Un-expired i94

You will have this new i94 attached to your i797A notice of approval after you get an approved extension for your visa type.

Example: H1B, H4 or L visa holders get their new i94 after extension approval in i797A.

Who is Not Eligible for AVR?

Automatic revalidation is not available if you are going for visa stamping in Canada or Mexico.

In this case, you have to have a new visa stamp to re-enter the USA.

There should be no pending visa application at the time of re-entry to make use of the ‘Automatic Revalidation’ process.

Example:

  • An H1B worker with an expired visa visits the US embassy in Canada or Mexico to get a new H1B visa stamp.
  • If the new visa stamp is issued in your passport, you can re-enter the USA using the new visa.
  • If the visa stamp is denied or is pending for form 221g or DS 5535 processing with the US embassy, you cannot use the automatic visa revalidation rule.

FAQ

What is the process for applying for Automatic Visa Revalidation?

There is no special process to apply for automatic visa revalidation.

You do not need to do anything special to use this facility or inform anyone before your intended travel on cruise land or air.

Just walk into the immigration desk as usual at the port of entry in the USA, when you return and present your documents. The experience is the same as you would enter the US with a valid visa stamp.

Is a valid i94 required for using AVR at the US port of entry?

A valid i94 is required for using AVR at the US port of entry.

The i94 should not have expired.

The expired visa stamp in your passport is fine.

Is an expired Visa in a passport automatically renewed for future travel after AVR?

Once you use the Automatic Visa Revalidation process, the old expired visa is considered valid only up to that date and day.

It cannot be used for future re-entry from any other country.
Of course, the same revalidation process can be used again if you are eligible.

Does CBP issue a new Visa with the AVR process?

No new visa is issued and the visa stamp in your passport still shows the same expiry date after the AVR process.

Can I use AVR if I change my status to H4 while my H1B visa is stamped in my passport?

Automatic revalidation is allowed in case you change your status after entering the US territory on some other visa.

For example, if you entered the US on an H1B visa and later changed your status to H4 within the USA, you are still eligible to use visa revalidation at the port of entry.
Once you use the AVR service, the changed visa status is also revalidated.

Can I use AVR to return to the US if I get Form 221g in Canada or Mexico?

You cannot enter the USA using the AVR process if your visa application is pending with the US embassy in Canada or Mexico.

Is there any Country whose citizen is not eligible for Visa Revalidation?

Citizens of countries who are designated as a ‘State sponsor of terrorism‘ by the US government are not eligible for visa revalidation.

Can I use AVR if I get Form 221g in Mexico?

You cannot use AVR to return to the US if you get form 221g or DS-5535 admin processing in Mexico.

As per reports, some US-Mexico border locations like Nogales, Laredo, etc. have allowed some H1B people to return to use after getting form 221g admin processing.

As per our information, this is not allowed and it may pose future issues at the time of your green card processing even if the CBP officer allowed you.

Can I use AVR for the i94 extension after the Passport Renewal?

You cannot use the AVR process for the i94 extension after passport renewal.

Is AVR required for Closed loop Cruise from Puerto Rico?

There is no AVR required if you are visiting Puerto Rico for a closed-loop cruise.

Adjacent Islands eligible for Visa revalidation

The adjacent islands are:

  1. Saint Pierre
  2. Miquelon
  3. The Dominican Republic
  4. Haiti
  5. Bermuda
  6. The Bahamas
    • Many users have shared the real-life experience where the closed-loop cruise allowed them to travel to the Bahamas even with expired H1B/H4 visas.
    • They confirmed that there was no immigration check done by CBP and they faced no issues in returning to the US.
    • We still suggest being extra careful with the Bahamas as the CBP website is not clear about the AVR rule for non-F, J visa travel to countries except Mexico & Canada.
  7. Barbados
  8. Jamaica
  9. The Windward and Leeward Islands
  10. Trinidad
  11. Martinique
  12. Other British, French, and Netherlands territories or possessions in or bordering on the Caribbean Sea

Source: CBP

2 Likes
5

Can AVR be used if I never had H1b stamped in my passport but have an old F1 visa stamped which expired in 2012? I am currently on h1b status (never stamped)

6

@anil_am22 Hoping you have some answer for this? Thanks,

7

Which country are you visiting and what is the purpose?

Have you read the article?

1 Like
8

Visiting Mexico for tourism.

Yes I did read the article but wasn’t clear if AVR can be used if someone never had H1b stamped (and only had old f1 stamp). I did change of status from F1 to H1 but have never had h1b stamped.

1 Like
9

You should be able to use it but it is risky as the cases without prior visa stamps are complex.

The article has an example if you missed it.

10

Hey @anil_am22

Is AVR rule valid for both H1B and H4 status? We have our individual I797 notices with paper I94s that are a result of our I-129 and I-539 filings.

I wanted to ensure that AVR can be used for H4 as well.

11

Hi,

I have a valid i797 but I lost my passport with an expired visa stamps was lost(all my old stamps are in stolen passport).
I got a new Indian passport but it does not have any visa stamps. Can I re-enter USA from Canada using the AVR process?

12

@anil_am22 appreciate if you can suggest.

13

I don’t think you will be able to use AVR. You may have to get a new visa stamp to return to the US.

Also, did you report lost passport to police and US embassy? If not, then you should do it as early as possible.

If you do not report and someone uses your identity in future, you may get in trouble unnecessarily.

2 Likes
14

@anil_am22 Thanks for the response. DO you think at least I could go to Canada or Mexico for stamping on my new passport? or it should be happening in my home country i.e. India?

15

Hi @anil_am22
Thank you for the detailed article. However, I have one question, which probably, you could answer and also add in your article.

I have valid H-1B visa from previous employer, and I797A approval from another employer, I already have started with another employer, but I don’t have new H-1B stamp yet.
Will AVR work in this case, if I accompanied with my spouse with valid H-4 visa, visit to Canada for a short trip?

Appreciate your quick response. Thank you

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@anil_am22

I am on F1 - OPT with Valid visa stamped on passport. Recently, got my H1B approved and it starts from Oct 1st. 2021. The change of status from F1 to H1B is not yet taken place. I wan to visit Canada for one week. Can i visit Canada and comeback on F1 status before oct 1st? Let me know if there are any risks involved?

18

@anil_am22 To request expedited appointment for Canada, Consulate is asking to be in Canada to make request. So i was thinking to travel Canada(visitor visa) and request them. Just in case as backup plan i was thinking to return back if they deny the expedited request or the expedited appointment is longer than 10 days. I have approved I-797A petition with I-94 expiry 12/2023 and expired H1B visa. Let me know if AVR works in this case. I know the return to USA is based on outcome of the Visa Interview If i got appointment and attend interview.

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AVR should work in your case.

20

Cool Thanks @anil_am22 . Also my expired H1B visa is from different employer and approved petition is from another employer. Hope this is will not be an issue.

21

I recently got my H4 and H4EAD Extension on June 12th,2021(valid for 2 yrs) and then my H1B got approved on JUly25th,2021.
Now I am planning to move out of the current company and I want to switch back to H4 so I can use H4EAD.

I have expired H4visa stamped in passport.

Do I need to get Canada visa to go by road/bus to do Automatic revalidation to switch back to H4?

Thank you.

22

You will need to apply for a visitor visa to crossover to Canada.

23

Hi @anil_am22,

I have COPR for Canada and I am planning to visit Canada for a day to complete my PR process and return the same day. I have my (first) H1B approved with valid i797A/i94(till sept 2022) but not stamped on passport. My wife has H4 VISA stamped on her passport.
My i140 application is filed and still under process. CBP website mention’s below point on people not eligible for AVR should i140 be regarded as new VISA?

“Applied for a new visa which has not yet been issued;”

I wanted to start tomorrow I am worried if I am eligible for AVR?

Thanks in advance!