h4 to h1 to h4

[techhy101]

I came on h4 visa the I-94 on h4 is valid until august 2006. I joined a residency program in july 2004. the h1 was approved and I-94 on H1 was valid until june 2005. when my employer applied for the extension of H1 in 2005,the H1 petition was approved but the I-94 was denied as there was a gap of 1 week inbetween 1st and 2nd year contracts. In this situation do I have to go back to my country to get the visa stamped or I am still in a legal status as I have I-94 until Aug,06 from the H4. Please help me. Can I apply for a new H1 without going back to My country? Is my status automatically changed to H4 after the H1 denial?. I have I797 and I-94 valid until Aug,o6 from H4 Visa

 

[GotPR?]

In this situation do I have to go back to my country to get the visa stamped or I am still in a legal status as I have I-94 until Aug,06 from the H4.

you need to get H1 stamp.

Can I apply for a new H1 without going back to My country?

you are currently on overstay. You can not file new petition in the US.

Is my status automatically changed to H4 after the H1 denial?.

No, unless you change your status to H4. You can not do that at this moment as you are not in status.