Am I eligible for AVR to come back to US from Canada on H1b when i booked dropbox appointment in Delhi?

HI , It’s urgent!

I am an indian citizen living in US on H1b. I have an expired H1b Visa stamp (visa expired in sept 2019) with valid i94 and i797.

I read online I can use AVR to go to Canada and come back. I am going to canada in next two days.

However, I am going to India next month for my visa stamping for extension so I booked the dropbox interview as well in Delhi for next month.

Can I still use the AVR to come back to us in this case?

I am confused because the drop box visa appointment is technically a “new visa” appointment and AVR rules says there shouldn’t be any new visa in process.

You are eligible for AVR as long as you only travel to Canada and not any other country on the way.

But, note that you won’t be able to use AVR if your visa application is pending at US embassy in Canada.

AVR is only allowed in cases when you do not have a pending visa application when you visit Canada or Mexico.

So, if you are thinking of coming back to US using AVR in case your H1B is stuck in form 221g or is denied, you will NOT be able to use AVR.

So, be careful.

Hi Anil, You said “you won’t be able to use AVR if your visa application is pending at US embassy in Canada.” In my case, it’s pending at US Consulate in india, not canada. Could you let me know if I can still use AVR?
Also, My H1 application is not pending but scheduled interview application is pending at US consulate in india

Will you apply for Visa stamp in Canada or not?

The application is not considered pending until you actually attend interview or submit your documents. So, Delhi’s application can be ignored at this time.

I am going to canada for activation of my canadian pr, for two days. But as I am going to india next month, I scheduled a visa interview in delhi for coming back from india.

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