AVR Rule - incorrect class of Admission on I94


adthebest

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Hi

I have valid H4 stamp on my passport till 30 June 2017. In Feb 2017, I got change of status from H4 to H1 approved and I received an I797 with I94 to Feb 2018.
I recently visited Canada for one day, and on return, presented my latest H1B I797(with I94) and the H4 visa stamped on my passport. I was intending to use AVR rule (since I was in canada for less than 30 days), the officer looked at both H4 atamp and the I797 and said you are good to go.
Yesterday, i checked the I94 online on cbp.gov and found that there is a new I94 issued for my canada visit, with class of Admission H4 valid till 30 June 2017. I think because H4 stamp was not expired, the officer did no use AVR rule, and made me enter with H4 status even though I had presented my H1B I797.

Please please help, what should I do in this case:
1. Am I back on H4 status now?
2. Can I visit CBP Deferred action site to get his corrected, what are he chances that hey will correct this?
3. Is going out and getting H1B stamped the only option I have to get back on H1 status.

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On 6/17/2017 at 4:10 PM, adthebest said:

Hi

I have valid H4 stamp on my passport till 30 June 2017. In Feb 2017, I got change of status from H4 to H1 approved and I received an I797 with I94 to Feb 2018.
I recently visited Canada for one day, and on return, presented my latest H1B I797(with I94) and the H4 visa stamped on my passport. I was intending to use AVR rule (since I was in canada for less than 30 days), the officer looked at both H4 atamp and the I797 and said you are good to go.
Yesterday, i checked the I94 online on cbp.gov and found that there is a new I94 issued for my canada visit, with class of Admission H4 valid till 30 June 2017. I think because H4 stamp was not expired, the officer did no use AVR rule, and made me enter with H4 status even though I had presented my H1B I797.

Please please help, what should I do in this case:
1. Am I back on H4 status now?
2. Can I visit CBP Deferred action site to get his corrected, what are he chances that hey will correct this?
3. Is going out and getting H1B stamped the only option I have to get back on H1 status.

1. Looks like it.

2. You can try.

3. Best option available to get rid of all confusion.

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