2nd H1 approval/stamping after expired I-94 and 1st H1

[bhartiya_12]

My new employer has applied for my H1 with premium processing and says it should come anyday. I already had a previous H1 which expired on 15th and this new employer stupidly forgot to apply for an extension before 15th even though he had evrything from me. Just forgot he says.

I am still in Us(expired I-94) and waiting to fly to India as soon as I receive my approval to get my stamping done in delhi.

2 questions.

1. Could this cause problems in my new approval from BCIS and will they know that this is the 2nd H1 I am getting?

2. does that GENERALLY mean that if I get an approval from BCIS I should get the visa when I apply in delhi even if I am staying back for a few days as out of status in US and waiting for the new H1 to come thru?

 

[califnik]

U have 30 day grace period from expiry of status.. No need to worry.
As for the stamping; I am in same situation (expired visa stamp, valid I94)... So please post your experience at the consulate.

Thanks!

 

[bhartiya_12]

My situation is slightly different from you. Currently I don't have a valid I94. I am waiting for my new H1 to come any day and will then go to india to get the stamping done.

as per law I don't think there is any grace period. how to u know about this 30 day period?