I-797 without I-94 and new H1 visa in Canada?

[nermal]

Please give advice about my situation.
I need to get back to H1 from AOS. I have I-797 valid till 2007, but it's I-94 was revoked when I leaved the country. Then I entered the country with AP and current I-94 indicates AOS. My I-140 is denied and there is a chance that it could be not reconciderated. So to be in status I need ti swith back to H1. I have not any valid visa in my passport now.
Can I receive H1 visa in Canada using I-797 without I-94?

Thanks.

 

[dyingforgc]

Please give advice about my situation.
I need to get back to H1 from AOS. I have I-797 valid till 2007, but it's I-94 was revoked when I leaved the country. Then I entered the country with AP and current I-94 indicates AOS. My I-140 is denied and there is a chance that it could be not reconciderated. So to be in status I need ti swith back to H1. I have not any valid visa in my passport now.
Can I receive H1 visa in Canada using I-797 without I-94?

Thanks.

what do you mean by I-94 revoked?

for how long your current I-94 is valid with AOS stamp on it, when you entered using AP.

If your visa is expired in passport but you have valid I-797 along with I-94 then you can use Automatic revalidation clause to enter back into US without stamping (on valid I-94 using I-797) in your passport.

 

[nermal]

what do you mean by I-94 revoked?

I-94 with H1 status was detached from my passport when I left the country and when I returned I-94 with AOS was attached instead.

for how long your current I-94 is valid with AOS stamp on it, when you entered using AP.

It's issued for 1 year, so it's valid till January 2006.

If your visa is expired in passport but you have valid I-797 along with I-94 then you can use Automatic revalidation clause to enter back into US without stamping (on valid I-94 using I-797) in your passport.

I have I-797 for H1 visa without I-4 and I-94 with AOS in my passport. They just don't match. I need to switch to H1 and, as far as I know, the only way to do this is to enter the country with a valid H1 visa.