I went through this post and saw conflicting opinions even from attorneys. I could be wrong but based on my understanding so far if you re-entering the US in a certain status (H-1 in OPs case) you need to have a stamped visa for that status. E.g. if you are still a student in valid F-1 status but expired visa you qualify for AVR. If coming back from Canada and Mexico with AVR doesn’t count as “re-entering the US on a stamped visa”, then that’s the only way OP can re-enter with AVR with valid H-1 status (and valid i94), and expired F-1, but still get the AVR for the F-1.
The second link in this thread states:
For the automatic revalidation exception to apply, the nonimmigrant must meet the following conditions:
- Travel to Canada or Mexico for no more than 30 days; and
- Must have a valid (unexpired) admission stamp or paper Form I-94.
The nonimmigrant traveler’s expired visa would be automatically revalidated from the date that he requests reentry into the United States. Basically, the visa would be considered valid for the short time to seek reentry, a new visa would not be granted.
However it also states:
When would Automatic Revalidation not be available?
Automatic revalidation is only available for limited category of travelers. Nonimmigrants with an expired visa, who have a valid (unexpired) admission stamp or paper Form I-94 will still need to apply for and be issued a new visa if one or more of the following conditions apply:
- Applied for a new visa which has not yet been issued
- Applied for a new visa which has been denied
- Traveled outside the United States for more than 30 days
- Traveled to a country other than Canada, Mexico, or an adjacent island
- Is a citizen of a country that has been identified as supporting terrorism in the State Department’s annual report to Congress (currently: North Korea, Iran, Sudan and Syria)
Applied for a new visa which has not yet been issued: OP has applied for new visa (H-1) and it has been approved, but has it been issued? If issued means stamped, then OP falls in the second category and won’t qualify for AVR.
Also, is this all something the CBP officer at the border knows about, or does OP risk getting turned back at the border? If it’s simply getting turned back and recollecting your bags and staying in Canada, all OP has to do is switch to plan B and fly to home country to get a stamp. If getting turned back = “trying to enter the US illegally” then OP risks losing a lot more. The question then becomes is it worth the risk?
I would highly recommend OP consulting an immigration lawyer to figure this out.
So I will be flying home and getting the stamp first. Unfortunately this will lead to me entering Canada in the winter, but oh well.