Automatic Re-validation Provision of CBP

[tes381]

I would like to travel to Canada for a few days from the US via Land.  I have an expired H1-B visa in my passport but have a renewed H1-B 797 form with a I-94 attached.  I should be eligible for the Automatic Re-validation provision.  However I am visiting India later in the month and did fill out a DS-160 form so I can get by visa stamped in my passport in India.  The Automatic Re-validation Provision says that I should not have a pending visa application.  Does my completed DS-160 application qualify as a pending visa application?

[gopalakrishnach]

Does my completed DS-160 application qualify as a pending visa application?  --- I guess No.

As per below, ARV applies to people who come back to USA after visiting Canada or Mexico. In your case from USA you are going to Canada and from there to India and while coming back to USA from India you need to get stamped.

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

I feel you need to get Canada multiple entry visa which takes 2 to 3 weeks to get. Then travel to Canada from USA.

 

Edited May 30, 2019 by gopalakrishnach