Can I come back from Canada on I-94

[rubyjupiter]

Hi Guys!

I have H1 valid visa for next year. I came here on Student visa and transferred to H1 visa. I don't have the stamp in my passport. I just got my canadian green card. I am wondering what should i do ? Can I go and try in Canada for the stamping ? If that will not work, than can I come back from Canada on valid I-94 ?

Please send me your detail reply.

Thanks,

RubyJupiter

 

[Raj1994]

Actually what you have is an H1 status (not H1 visa). You can apply for an H1 visa in Canada. The April 1 ruling states that if your visa is denied, you must travel directly to your home country and apply for the visa once again before trying to enter the US. What is unclear to me is what a home country means. Oftentimes it refers to the country of last residence. In your case, because you have a Canadian green card, that might be Canada itself! Perhaps check with an attorney.