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

 

[mgh2001]

If you sent your application prior to I-94 expiration, your new H-1 will come with attached I-94 extending your status. You can use this to revalidate existing visa. If the approval notice does not come with attached I-94, it means that your extension of status was denied and you need to get a visa stamped outside the country.