H1B out of status stamping

mitsmagic

New Member
My original Can petition got expired on 9/16/2018
My amended petition got expired on 05/04/2018
My employer was under the impression that my I-94 is valid till 09/15/2018 and applied for extension on 08/21/2018 under premium processing. My extension petition got approved on 10/17/2018 but was not issued I-94 stating that I am out of status and need to go back to home country for stamping.
I have client letter to support and my pay stub are also there. I have every thing to mention that the extension was done based on the old petition by mistake. I left USA 10/20/2018.
I was not laid off and have all the contract letters and paystub to prove that the extension was filed late due to misinterpretation of the law by my company immigration team.
I am not sure whether I am out of status but have marked Yes and explained my situation in the DS 160.
I am guessing since I was not issues I-94, I am out of status and if yesI am getting prepared to face strong questions in consulate interview. What questions I can expect during the interview?
 
Your amended petition approval dated superseded original approval date. It is due to this reason USCIS did not extend your status & Yes you need to step out of the country & re-enter with new H-1B visa stamp. The sooner you leave the better it is. Keep with you all pay stubs to support you were in fact paid during all times while being in US on H-1B status & you should be fine.
 
Top