Entry and Exit from USA using automatic revalidation

1

Hello,

My spouse is an Indian passport holder with F1 visa stamped but now her status changed to H1B. She has approved I797 with I94 expiry date on it. But she has not stamped her visa yet. So her latest visa stamp on the passport is still F1.

Does she eligible under automatic revalidation process to travel to Canada and come back to US within 30 days through port of entry having F1 visa stamp (not expired yet) but enter on H1B visa with valid I94 and approved I797?

Thank you in advance!

2

You can use AVR with an expired or unexpired visa even if your current status is different from the visa class. This is part of 8 cfr 214.1(b) and 22 cfr 112(d) policy manual of DHS.
You can even contact CBP as double check.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-41/subpart-K/section-41.112

3

Thank you so much for the reply !