Expired I-94, New H1 Stamping in India or send to St. Louis

[bhartiya_12]

My I-94 is expired and I am waiting for my new H1 which is already filed under Premium processing to be approved.

I want to avoid going to India if possible so want to know if I can send my pasport to St. Louis Missouri to get my visa stamped once the H1 approval comes.

I think they will know that I am here illegally because my I-94 has expired and I have not gone out of the country and rather send the passport to St. Louis for stamping. Will my visa be refused under these circumstances?

Thanks

 

[jaxen2]

If your H1 application was received by BCIS before I94 expiry date then you are not in illegal status. But if you get H1 approval without a I94 then you need to first get a I94 before applying for revalidation with St.Louis.

 

[bhartiya_12]

H1 not received by BCIS before expiry o am out of status. To get new I-94 I need to go out and come back again for which I need a valid visa, so it seems that I need to go to India or anywhere outside of US anyway so the St.Louis option will not work. Correct?

 

[ginnu]

To get new I-94 I need to go out and come back again for which I need a valid visa, so it seems that I need to go to India or anywhere outside of US anyway so the St.Louis option will not work. Correct?

--- You are correct and remember if you apply H1 visa stamp from Canada or Mexico and they reject the Visa stamp then you have to go directly to India from Canada or Mexico. If you get H1B approval and they have written particular Consulate to get Visa in India then go to India.
Good Luck!!