Entered US in H4 VISA stamped till 2024, Conversion done from H4 to H1 in 2022 and now planning cruise trip outside US from Maimi with indian passport still has H4 stamped till 2024, will there be any issue during the port of US entry ?
I-94 still show H4 till Dec 2024 validity
what will be my answer while entering US H4 or H1 ? any documents I must carry during this trip ?
Need expert advice whether to plan the cruise trip or cancel until H1 stamped on passport.
If your cruise is limited to Mexico, you can use your H4 visa for AVR and show H1B I-797 so that you can be admitted in H1B status.
I understand from other sources that specially for Bahamas Cruise (not air) the I-94 is not changed, infact the I94 history for those who travelled shows that there is no record for the Cruise Trip, not sure if it a Tourism Strategy.
Please share your thoughts on that
I did missed that you have a valid H4 visa that you intend to use to enter back to the US. In that case your status will change back from H1B to H4. You will use your spouse H1B I-797 and your valid H4 visa. Once you do this your H1B status will be lost. And there is no restrictions on the cruise you take if you have a valid visa ( in your case H4) meaning you can go to whatever countries you want however you may need a visitor visa to visit those except Mexico and maybe some caribbean countries who may not need visitors visa if you have a valid US visa. So just do your research based on your cruise itinerary.
AVR on the other hand can be used if your visa has already expired. AVR works only for bordering countries meaning Canada and Mexico for visits less than 30 days duration for H visa holders. To use AVR your I-94 has to be valid. You can use AVR even if you changed status to a different class for e.g. if you entered on H4 and changed status to F1, you can use AVR when entering back from bordering countries or adjacent islands ( for F, J and M) and may be admitted back in F1 status using expired H4 visa.
F, M & J can use AVR ( if their visa has expired) which works even for adjacent islands like Bahamas.
To your point re: the I-94 update by CBP, this happens when a person is being readmitted using AVR in same class.