H1 revalidation in US, if I-797 port of entry is India

I

immihelp2002

New Member
I am in H1B visa working in US. My visa expired last month, this visa was with old employer XX.
My present employer(YY) filed for H1B and got I-797 aproved before my visa expiration date itself. My present employer(YY) filed this I-797 to revalidate my visa in US, but INS issued the POE(port of entry in I-797) as Chennai, India.
My question is
1. Still canl I send my passport to St.Louis for revalidation of my H1 with this same I-797
2. I dont have any plans of going to India for next 2 yrs, Is there any other way to get my visa revalidated in US(St.Louis) with this approved I-797

Thanks in advance
 
revalidation

Did BCIS sent an approval from 797 with I-94 or without I-94.
If they send without I-94 , then u have to go outside of U.S. for revalidation.

You may want to check this before proceed.
 
ramu2003:
I agree with you, if he does not have new extended I-94 with H1 approval he has to go out and get H1 stamp from Chennai.

immihelp2002 :
It seems to me

A. You may be out of status in past or no pay stubs if no new I-94 attached with the new H1 approval
OR
B. Your lawyer filed New H1B and it was not filed as H1 transfer
OR
C. Lawyer ticked wrong box on I-129 and asked for Chennai
 
Thanks for your input
ginnu:
A: My new I-94 attached and I am not out of status earlier
B. Lawyer filed for transfer
C. Not ticked the chennai box, but for the option of "If for some reasons H1 is not issued to transfer within usa, which consulate you opt for outside of USA.."...written as Chennai, India

Is there any option now to file with INS to get it to change to "transfer" in USA
 
You should consult with your lawyer because generally when you get H1 transfer or extension the consulate out of US is NOT written on form I-129. See the form I-129 part 4-PROCESSING INFORMATION;
If the person named in part 3 is OUTSIDE the US or a requested extension of stay or change of status can not be granted, give the US consulate
OR
** You were IN US your lawyer did a mistake writing the consulate, it is left Blank if one is in US

talk to your lawyer he does not seem to be good
 
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