I am currently on my 8th Year H1B VISA extension. My I - 94(white card in the passport) and and VISA Stamping was expired on Sep 15, 2005. But I have a valid I-797 which

is valid until Sep15, 2006.
I recently got my Canadian landing documents and one time entry landing VISA to Canada. I am planning to land in Feb 3rd week, 2006 at Vancouver.
After my landing process in Canada:
1. Can I come back to USA with VALID I-797 and an expired I-94 (White card in the passport)?
2. I have made an appointment with US Consulate in Vancouver, Canada for H1B Stamping. Appointment schedules in Last week of Feb, 2006.
Can I come back to USA with out stamping done, i.e day after the Canada landing?
3. If the US Immigration doesn't allow me to come to USA with a valid I-797, will I be still eligible to for my previously scheduled H1B Stamping appointment.

(Just a note: My wife is also accompanying me along during this process. She is currently in her 6 1/2 month pregnancy.

Experts: Kindly advice what is the ideal way of handling the situation. I am really tensed up! Please help........

follow this thread .. you will get some recent experiences in a case similar to yours. and further info to prepare yourself.

http://canadiandesi.com/read.php?TID=11345

I really dont see your problem.

1. come to canada -do your landing - do your HIB interview- they will stamp a new visa to your passport whch will make you elligible to reenter US
2. wait 4 weeks in Canada - get the PR card and have agood holiday and return to US to work
3. only problem u have is - your coming baby - if born in US he/she will need to be sponcered for a pR card.

Are you sure you do not have a valid I-94? Didn't your renewed I-797 full form (8.5 x 11 sheet) come with a I-797A and I-94 stub (the ones in the bottom side by side), the ones that are valid until Sep 15, 2006?

Living in the US with an expired I-94 may indicate living illegally. Please consult an attorney and positively ensure that you haven't been staying illegally in the US.

If you indeed have an expired I-94, you cannot enter US without going through US-VISIT and obtaining a new I-94. During the US-VISIT, your I-94 expiry will show and will cause you to answer more questions regarding your US stay. Also, if you have lived beyond the validity of the I-94, then obtaining a visa might be an issue.

Before getting too worried, please consult an attorney and ensure everything is ok. Don't go with my words.

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Dimple2001

imcan2006:
You mentioned that your wife is six and half months pregnant and in such scenario why you want to fly to a new country and take risk.
I don't want to scare you but read following scenario.
What if your wife gets preterm labor and if she delivers in Canada or during flight.

You will end paying huge medical bills in such scenario(may be you will not be able to payback during your lifetime) as your child is going to need neonatal intensive care and another important factor is health of your child.

Why you want to risk your child and wife? This is way too important than landing in Canada or moon.

Regards

Nilesh

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Desi Lion

You can enter USA without any problem at the US entry points, if you have valid I94. They won't even stamp your passport for re-entering USA.

Folks, this guy already landed and went back to USA several months back

Don't waste your time on this

http://www.canadiandesi.com/read.php?TID=11867&page=1#68955

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