I-94 issuance at Canada and change of status

[kunalmurthy]

I need advice for my this case.We changed my wife status in February 2016 from H4 to F1. She has H4 stamp on her passport and valid up to October 2017. I want her back again on H4 VISA. 

 

I talked to lawyer rand they said just reenter to USA since she has valid H4 VISA. So I am planning to go Niagara Fall -Canada  either by drive or by fly. Here are my questions.

 

(1) If we go by drive can and having short stay (2 day) in Canada, will we get new I-94 that stats status is H4? I heard that because of AVR rule they don't issue I-94 for short stay.

 

(2) Did anyone have knowledge on this situation. If so please guide me. I am confuse weather to fly or drive to canada?

 

Thanks

[pontevecchio]

AVR is not a compulsory infliction but a convenience for most people. In her case she can come back in H4 status by ACTUALLY ASKING for a H4 entry based on her H4 visa. You will have to go to the administrative building and get entry based on her H4 visa for her. You can use AVR which basically means retain the I94 and return. You do have visas for Canada?