Using I797 for Re-Entry

[elradi]

Hi,

I've changed employers on portability and I receive my new I797 2 weeks ago.
But my I797 did not come with a new I94 card. (My lawyer chose the "Notify the office...." option on the I129).

But my Visa (Old employer) and I94 expire on June 2003 next year.
My lawyer suggested I go to Canada and reenter with the New I94, No need for a new Visa or wait for 60 security checks at consulate Visa.

My Questions is:
Can I re-enter the US with an I797 - but no I94 & with my old emplyer Visa? Has anyone had a problem doing so?

Another Question:
I went to the Canadian Embassy in DC, and the lady at the windows said that if I continue the application process I might be rejected because this is not a valid i797 card, because there isn't a new I94 with it? And she was afraid that the US would let me back in if I went to Canada.... Any suggestions? Do you think Mexico is a better option?


Thanks...

 

[jaxen]

You can enter US with old stamp/797 and new 797 without I94. But be prepared to travel to home country to get the stamp if entry is refused as a contingency.

I think canada is out of the question now. You should try mexico since that is the only other easy option available for you now.