Expired H1B - Automatic Revalidation for TD Visa

[visasos]

Hi,

I am an Indian citizen, my H1B visa expired in September 2023, and I filed for a change of status (I-539) for TD visa (my spouse is on TN visa). My spouse's TN visa is valid till Dec 2024. I got approval notice for my TD visa (I-797A). Now If I go to Canada for 3 days, can I use the Automatic Revalidation and come back only on my approved TD notice (I-797A) OR Do I have to get a stamp to re-enter US?

Thank you so much!!

 

[newacct]

Yes. See 22 CFR 41.112(d)(1)(ii), regarding Automatic Revalidation for people who did Change of Status:

(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.

 

[visasos]

Thank you!!

Assuming it’s a yes to I can use the Automatic Revalidation and come back only on my approved TD notice (I-797A). I was just wondering about the context of this - is this valid in the context of automatic revalidation?

Just want to check as I received conflicting information. Thanks again!