Returning to US from Canada - H4 visa or B1/B2

[k_siva]

Hi,

I live in the US on an H-4 visa with my husband. My previous visa/I-94 expired on August 24th, 2011. I have gotten an extension I-539 which is valid till 2014, but we have not gotten our visa stamped. I flew into Canada earlier this month for my canadian citizenship test and I am now waiting for my oath ceremony to get scheduled which may take 2-3 months.Instead of staying back in Canada for that time period, I am now trying to see if I could go back to the US and come back to Canada later for my oath. Need some advice on which of the following scenarios to follow:

1. I have a B1/B2 visitor's visa for the US with an expiry date of 2018. Given that I held an H-4 visa later, will this B1/B2 visa still be valid? Can I use this to cross the border and if so how should I present my case?

OR

2. Can I schedule an appointment at the consulate in Toronto and go alone to get my H-4 visa stamped without my husband accompanying me and with just the relevant paper work? What all documentation will I need and are there any risks involved?

Please advice on which of the following approaches I should take.

Thanks

[JoeF]

I assume you have the new I-94. With that, you can use AVR if your stay in Canada is less than 30 days, and you don't need a visa to come back to the US.

[k_siva]

Thanks for your response! I do have a new I-94 which hasn't been stamped. However my I surrendered my old expired I-94 (expiry Aug 2011) when I flew into Canada in Sept. Inspite of this can I still use the AVR rule?