Automatic Revalidation for unexpired visa

mukundakrishnan

New Member
I think my case is very unique.. I am flying to tornoto with my family on coming long weekend(july 4) returning in 3 days(<30 days)..I have valid Visa stamped(valid till aug.21,2004) and I-94(valid till aug.21,2004).. my company applied for H1B extension in March 2004..I never expected that i would get my new I-797 (H1b extension approval) before I leave to canada..but,i got it within 3 months of applying for it..The problem is:
"If USCIS official at Toronto Airport gives me new I-94 by referring my valid existing H1B visa stamped on my passport,then it will be valid only upto aug 2004 and my new H1b approval(I-797) will become invalid and void. I heard this from my company's Immigration dept...This problem wont occur if i drive between canada and usa but at Tornoto Airport(PoE)..."

Can somebody tell me whether i am qualified for automatic revalidation with my valid H1B visa and so, will I get new I-94 at PoE which is valid till the expiry date of new I-797 that i received now? Can I ask USCIS official at toronto airport to give me new I-94 valid till the date that's on new I-797? Will he aceept for that request?
If not,what is the solution for this problem? I cant even cancel my flight because it's non-refundable...So, I am trying my best not to cancel my trip....Please advise me.....
Thanks
Mukunda Krishnan
 
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