Re-entry using expired I-94 and valid I-797A?

[ipuser07]

I didn't see the exact same question posted anywhere on this forum, please let me know if it is already posted or answered

My I-94 (the one that was issued at the airport when I came here) expired last month. I however have the I-797A approval which is valid until 2009. I have had only one Visa so far and have worked for the same company. If I plan to go to Tijuana for my Visa stamping and in case my request gets denied then I guess I'll not be able to re-enter the US with my expired I-94 although I have a valid I-797A. Is this true?

In such a case I think it is safer to go to a consulate in India to get my Visa stamping. I'm planning to go there on vacation towards the end of this year.

Any answers will be appreciated.

Thanks

 

[GotPR?]

Since you have I797A, you have a valid I-94. However, if your stamp was denied in Mexico, you can not use that I-94(attatched to I797) to enter the US.

 

[ipuser07]

Thanks for the reply. That's what I thought. It is safer to try in India.