R1 VISA expired and I-94 extended, can I re-enter USA after travel out of USA?

[DKSearch]

R1 VISA expired in 1/2012, but I-94 is extended until 7/2014.
Planning to visit Europe in 4/2012, but can't get a new VISA before 4/2012. Can I re-enter USA after visiting Europe with the I-94 extended?

Please advise.

 

[Jackolantern]

Have you filed the I-485? If yes, then your R1 is useless for reentering the US if you want to keep the I-485 alive. What you need is Advance Parole.

 

[DKSearch]

I have not filed I-485. In that case, can I re-enter with my I-94 extended?

 

[Jackolantern]

You posted in the I-485 section. Are you planning to file an I-485 in the near future?

Anyway, you will need to visit a consulate and get a new R1 visa stamped in your passport in order to reenter the US (unless you're Canadian, in which case I think they'll let you enter with the extension approval document).

 

[DKSearch]

I have no plan to file/apply an I-485 in the near future.
Can I visit a nearest US consulate such as Toronto, Canada, or Do I need to visit a consulate in my country? I am from Asia.

Thank you

 

[TheRealCanadian]

Can I visit a nearest US consulate such as Toronto, Canada, or Do I need to visit a consulate in my country? I am from Asia.

Unless you are a Canadian citizen or PR the consulate has no obligation to give you an interview.