Automatic Revalidation for H1B/H4 visa holder

[brjaiswal]

Hello,

I am on H1B and my spouse is on H4 visa. Our previous visa stamp has expired however we got our new I-797 valid till 2027. May we travel to Mexico for 2 weeks and re-enter in US with expired visa stamp based on Automatic Revalidation? CBP website (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html) has exception for F and J visa holder however did not find any detail about H visa holder. Also is there any restriction traveling through air, land or cruise? Appreciate your help!

[brjaiswal]

CBP Reply:

Nonimmigrants with an expired visa may travel to Canada or Mexico and be re-admitted to the United States under the automatic visa revalidation (AVR) provision of law if the following criteria are met:

• The nonimmigrant’s stay in Canada or Mexico is 30 days or less;
• The nonimmigrant did not visit any other country other than Canada or Mexico;
• The nonimmigrant is in possession of their valid (unexpired) Form I-94 or I-797 extension of stay;
• The nonimmigrant is in possession of a valid (unexpired) passport, unless exempt;
• The nonimmigrant does not have a situation that requires a waiver of inadmissibility for criminal, security, or health related reasons
(Regulation from INA 212(d)(3));
• The nonimmigrant has not applied for a new visa which has not yet been issued;
• The nonimmigrant has maintained and intends to resume the same nonimmigrant status; and
• The nonimmigrant is not a citizen of a country designated by the United States as a State Sponsor of Terrorism. The list of countries can be found on the Department of State website at https://www.state.gov/state-sponsors-of-terrorism.

The AVR provision of U.S. immigration law is described under the Code of Federal Regulations (CFR) in both 8 CFR 214.1(b) and 22 CFR 41.112(d).

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