H1B AVR with expired F1 visa

Hi,

I’ve changed my status from F1 to H1B after graduation, and have stayed in the US ever since. I plan to land in Canada in October and come back. I have an expired F1 visa on my passport. Can I still use AVR option?

Thanks.

Yes. That’s possible. I dont have first hand experience with it, but have read it in many forums that this is possible.

Thanks!

My wife and I are in the same situation - expired h1b stamp (me) and an expired f1 stamp (wife). We both have valid status with an I797 h1b petition and I20/OPT card. @moose, did you get more details on the AVR ? I was planning to confirm this by calling the CBP at the Peace Arch border (Blaine, WA)

Hi, I think it is OK for AVR using expired F1 stamp. I will do a soft landing in early October, and will update my experiences here. I asked CBP through Email, here is part of their response:

"You should present a valid passport, a visa (expired or a different visa classification than the status they are seeking), valid I-94 and, if applicable, the valid underlying authorization for your current status (Form I-129, Form I-20, etc.) to a CBP officer at the port of entry. You will need to present your Notice of Action Form I-797 from U.S. Citizenship and Immigration Service (USCIS) that shows the change in visa classification. "

I hope I answered your question!

My recent soft landing experience at Detroit Windsor border. We drove from US to Canada through Detroit Windsor tunnel.

My status: H1B with expired stamp, COPR expiry in Feb 2022.

At Canada border:
Officer: Why are you here today?
Me: To complete my permanent resident landing process.
Officer: Can I see your documentation?
Me: provided
Officer: Did you fill in Arrivecan?
Me: Yes
Officer: Can I see your covid negative test reports?
Me: provided
Officer: How long you plan to stay?
Me: Through the weekend.
Officer: Called for secondary inspection.
I had to park my car at the CBSA security location.
Officer: Took passports, COPR documents, US Drivers license.
Me: Waited in the car
Another Officer: How long you plan to stay? When are you moving permanently?
Me: Staying over the weekend. Planning to move permanently in Nov.
Officer: Goods to Follow and address to send your PR Card.
Me: provided, waited in the car for about 30 mins
Officer: Signed all docs and went through few rules
Me: Thanked the officer and entered Canada.

US side:

Officer: Why are you here today.
Me: Traveling for work.
Officer: Where are you coming from?
Me: From Canada
Officer: Laughed… of course
Me: I would like to use AVR rule, I have a expired visa stamp. Handed over I797 and passports.
Officer: Called for secondary inspection. At secondary inspections officers asked to leave phones in car and they checked the vehicle. Asked us to go to a room inside the building. Visa was revalidated with no issues and no questions asked, just the home address and company name.

Overall very smooth process. I suggest you use Detroit Windsor tunnel to do landing procedures. Very friendly staff and well informed. Hope this information helps you. All the best.

Hello

I am in a similar boat. My H1B starts on October 1,2021 and COPR expires on September 29, 2021. I have two options
Can I still travel before CopR expires ie September 29, 2021 without needing to get my H1B stamped?
Can I request for extension for CopR?

Regards
Amandeep Singh

@freeelancer did you get a new i94 or did they use the one on the I797?

Also, did they give you a paper based I94 or online?