H1B expired;Valid I94-Applied for 485/AP/EAD- Can I use AVR?

[Gaurav31]

Please advise:

Valid passport , Expired H1B/H4B visa on on self & dependents passport .
Approved H1B 797 & I94 till Jan 08 . Applied for 485 , AP & EAD -- No approvals as yet . I have to complete the landing formalities

Question: Can I use AVR?

The reason for the question is that I called the POE at Rainbow bridge, and asked and they said I need to have an approved AP.

Any thoughts??

Do let me know.
Thanks,
Raj.

 

[deba_sinh]

As far as I know, you need a valid I-94/I-797. You already have those. So in normal circumstances those would suffice.
However, the question here is that you have applied for 485. And with an expired visa stamp, you either need visa stamping to reenter or use AP.
What I am not clear about is wheather AVR is applicable in this case. I read thru the 485 documentation and seems that travelling to Canada is also regarded as abandonment of 485 unless you have valid visa or AP.
Please check with a lawyer and post what you find out.