H1B VISA Expired - Valid I -797 - Canada PR and landing at Vancouver

imcan2006

New Member
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........
 
Canadian Landing

My lawyer informed me that Automatic Validation is still valid but it all depends on the person and POe. His suggestion was:

1. take an appointment date with consulate
2. Land and finish Can Landing
3. Try for Auto validation at the POE
4. If refused go and get your H1 stamped

I hope this helps and please do let me know your landing goes as I have the same scenario and live in Oregon for which Vancouver is the most nearest POE.

Kali
kalibp@yahoo.com
 
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