Help Neede: H1 Transfer Query for being Out of Status

[SafeNH]

Fellows,
I got laid off in the month of Nov. 2002, I got the Job in Dec. 2002 and my attorney applied for my H1 in Jan 2003 (It was about 2 months).
Last week we got the RFE asking for more evidence/information as my paystubs were 2 months old. My attorney have given those paystubs again and told BCIS I was laidoff along with other guys in the company.
My Attorney has told me that BCIS may ask me to go out of country to get the Visa. Following are the question which I need help from you guys.
1. If I am asked to go out of country to get my Visa Stamp, can I still be in US and not get my Visa stamped and when I go to my home country, I can get the visa stamped at that time?
2. Suppose If I HAVE to go to my home country to get my Visa stamped, does my spouse need to travel along with me too to get the H4 stamped.

I really apreciate your help in advance, please suggest/recommend the scenarios if you have gone through this situation.

Thanks & Regards!

[jaxen]

1. If BCIS gives a h1 visa without I94, you can go out to the nearest POE and get a new I94 and come back into US.

Sometimes you will have to go out to a US consulate and get the new visa (depending on whether the old visa is still valid or not)
But you have to do this as soon as BCIS asks you to do, not at your leisure. Without I94 you cannot work here in the US- you will be accumulating some more illegal stay ...


2. Did you apply H4 for your spouse too? If yes, and BCIS does not issue an I94 for the spouse, a trip to POE might be necessary for him/her.
If you did not apply for h4, you can get the I94 straightened out first for you and then apply for h4 extension based on the new I94 or new H visa stamp & I94, as long as the current H4 date has not expired.

[SafeNH]

Thanks jaxen,
I appreciate your help.
Infact I have applied my wifes H4 too after I applied for my H1. I am hoping BCIS will sent us the I94 and not ask us to go to any US Consolute out side the US.

Thanks!

[visatalk]

If SafeNH's old I-94 was still unexpired, will he be able to stay in US for a period up to the expiration date of his I-94 before going back to get a new visa stamp eventually?

[oluseye]

hi
he can apply for cos if his i-94 is still unexpired.

[VisaST]

Hi SafeNH

I would like to know about the status of your case.
Did you go to India for getting your H1 visa stamped.

Did you encounter any troubles in it.

I have a parallel case like yours. I have also got RFE on the same issue.

Thanks