New I-94 if I fly to Canada?

[IceQ]

Hi,
I am posting this in the Canada forum also but if you can help me out, I'll be most grateful.

I just got a new I-797 through a consular processing petition, and was told I need a new I-94. I have to exit USA and come back. What is the most recent experience with Canada? Can I get an I-94 if I fly? What if they refuse to issue one?

Please let me know,
Thanks

 

[PhillyKP]

Hi,
I am posting this in the Canada forum also but if you can help me out, I'll be most grateful.

I just got a new I-797 through a consular processing petition, and was told I need a new I-94. I have to exit USA and come back. What is the most recent experience with Canada? Can I get an I-94 if I fly? What if they refuse to issue one?

Please let me know,
Thanks

Not sure what you mean by "new I-797 through a consular processing petition". My experience for an H1 transfer 4 years ago - I was in a similar situation and the attorneys were insisting that I needed a new stamp and a new I-94. So they paid for a trip to Canada, where I got the H1 with the new employer's name on it stamped. Unless things have changed recently, the airlines do not take away your I-94 when you travel to Canada. While returning, I had to ask the US immigration official in Canada (Canada-US flights go through US immigration in Canada itself) explicitly for a new I-94. He looked puzzled, and said I didn't need one, but didn't argue too much and did issue me a new one.