H1-B --- need stamp!

I am a Canadian citizen who moved to the US on a TD visa in September. I found a job and was granted an H1B visa in January 2010. Because I applied for a change of status, all my documents were mailed to me (I didn't get a stamp in my passport or go to a consulate).

I am planning my first trip back to Toronto next month and have heard that I can't get back into the US without an stamp in my passport (the I-94 card apparently doesn't mean anything).

Do I need to make an appointment at the US Embassy in Toronto? Or can I get the stamp at the border (airport) when I'm coming home?

I appreciate any advice that anyone has! (my lawyer is not responding to my emails)

I changed status from TN to H1B in October, and I'm Canadian. I handed in the I-94 attached to the I-797 (along w my TN I-94) to Canada Customs when I left the US, and then got a new I-94 when I crossed back over at Port Huron. According to the USCBP officer I dealt with you can also just keep the entire I-797 with you when you head home, then ask for a new I-94 when you head back into the US. They will give you it in exchange for the I-94 attached to the I-797 and stamp your passport then. Make sure you have $6, and keep in mind it may delay you a bit (it took me almost 1 hr to get the new I-94) if you are using a preclearance facility.

You are already in H1 status, and need to do nothing. Cdns do NOT and cannot get visa stamp for H1 -- even if your lawyer may insist that you do so -- your I-94 is it, stamped at the border or not. As deaton learned, the I-94 recieved in the mail IS your H1, and should be kept. If the border officer wants to issue you a new cardboard I-94 at POE, leave that decision to him.

Rule of thumb. Don't give any I-94 to a Cdn officer unless you are leaving US for the last time with that status.

Let CBP take care of any changes that they feel needed when you are remaining in US.