H1-B extension approved but no I-94

V

vmasta

New Member
My employer had applied for H-1B extension. But due to new LCA portal the LCA could not get approved timely and filing got delay by 10 days.My I-94 had expired on 09/15/2009. I-129 receipt date is 09/25/2009. INS has approved the H-1B extension with validity from 09/16/2009 to 09/15/2012, but have not given new I-94. They have given approval notice (I-797) saying that I was not in status at time of filing hence I would have to go to consulate outside the country to get visa stamped and my papers are being sent to New Delhi Consulate.
What are the procedures I need to follow to avoid going out of US to get it stamped?
Can I go to Mexico or Canada consulate to get visa stamped? If so, what papers do I need to take?
Am I in status currently, since they have approved H1-B?

Please help me.

Thanks.
 
vmasta said:
My employer had applied for H-1B extension. But due to new LCA portal the LCA could not get approved timely and filing got delay by 10 days.My I-94 had expired on 09/15/2009. I-129 receipt date is 09/25/2009. INS has approved the H-1B extension with validity from 09/16/2009 to 09/15/2012, but have not given new I-94. They have given approval notice (I-797) saying that I was not in status at time of filing hence I would have to go to consulate outside the country to get visa stamped and my papers are being sent to New Delhi Consulate.
What are the procedures I need to follow to avoid going out of US to get it stamped?
Can I go to Mexico or Canada consulate to get visa stamped? If so, what papers do I need to take?
Am I in status currently, since they have approved H1-B?

Please help me.

Thanks.
Click to expand...
Your employer /lawyer did not file H1 extension on time. your I-94 is expired and your stay in US is illegal. go out of US and get Visa stamp. for more info you must talk to your company lawyer.
 
Two different entities altogether. You have a valid I-797, but since you do not have a valid I-94, you are accuring an overstay as each day passes. I would advise you to leave for India as soon as possible and apply for an H-1B visa once there.

vmasta said:
Am I in status currently, since they have approved H1-B?
Click to expand...
 
You must log in or register to reply here.
Top