Is Stamping required if going out of USA with expired I-94

[SeemaKrish]

I am in US on H1B, I-94 is expired in 2010. Now I am going to Canada for 10 days and planing to return back to US.

Is Stamping required if going out of USA with expired I-94 ?

I have read somewhere that stamping is not required if you are going for less then a month as I have valid I-797 (Expiring End of 2013) . Is that true.

Please Advice.

-Thanks

[pontevecchio]

Assuming you have a Canadian visa you would return based on "Automatic Visa Revalidation." You need to keep holding on to the latest H1 I94 at all stages.

[romanb4u]

YES

[potluri040]

If the date on our visa stamping expires even if out go into Canadian territory for a minute, you need to get stamping... i797 is different from visa stamp. If you have i797 your staying here legally, but once you are out of this country you need us visa.

And you said, your i94 expired in 2010. You don't have the new i94 in new I797. If not I guess, you are legally out of status for whatever time. Check with your lawyer. They would have i94 which may not have been share with you.

But in any case you need to visa stamping.

[rahul412]

If the date on our visa stamping expires even if out go into Canadian territory for a minute, you need to get stamping... i797 is different from visa stamp. If you have i797 your staying here legally, but once you are out of this country you need us visa.

No that's not true always, OP can use AVR if he is visiting Canada for less than 30 days. But AVR doesn't work if 94 is expired.

[rahul412]

I am in US on H1B, I-94 is expired in 2010. Now I am going to Canada for 10 days and planing to return back to US.

If I94 is expired, how can you stay in US??

[pontevecchio]

bY VALID i797 EXPIRING END 2013 DO YOU MEAN ONE WITH ATTACHED i94 BECAUSE I REFUSE TO BELEIVE YOU WOULD INCUR A 10 YEAR BAN OUT OF IGNORANCE?

[sattvic2780]

@SeemaKrish

Are you sure your I94 expired? If so you are out of status. Please check your I797 to see if you have new I94 attached. Contact your lawyer.

[SeemaKrish]

thanks everyone for your kind response I guess i am making some mistake regarding my I94 i am looking at the one i was given at the airport when i came from india in 2010