Can I use AVR rule to re-enter US ?

[abhijitbv]

Hello,

I am currently in H1-B visa status which was approved just a week ago. So my status basically changed from F1-OPT to H1-B. I have a valid I-94 and I-797 but my F1 VISA is expired.

I need to travel to India due a family emergency. But I do not want to get the stamping done right now. Is it possible to re-enter USA in the following way:

I have applied for a Canadian Visitors VISA. So, can I travel directly to Canada from India and use the AVR rule to get back into the USA since I have a valid I-94 and I-797. Also, my stay would be less than 30 days.

Please advise me as this is a unique situation.

[SameerH1Bworker]

NOPE. You can not.