I-797 doesnt have new I-94 attached

[rkg12345]

Hello,

I recently received the approval papers for my H1 extension petition. However, the I-797 does not have a new I-94 attached to it. My last I-94 expired on 2/17/05. Do I need to exit the country immediately and get the visa revalidated or is it okay to stay in the country with the approved I-797 till my next visit out of U.S.?

Thanks.

 

[ginnu]

Hello,

I recently received the approval papers for my H1 extension petition. However, the I-797 does not have a new I-94 attached to it. My last I-94 expired on 2/17/05. Do I need to exit the country immediately and get the visa revalidated
--- YES, go out get Visa stamp then enter US with new I-94( your stay after2/17/05 is illegal)
or is it okay to stay in the country with the approved I-797 till my next visit out of U.S.?

Thanks.

 

[talkative]

your stay after2/17/05 is illegal

If your H1B extension petition was filed before your old petition expired, and it was pending all throughout, then you may not be out of status. As long as a H1B extension application is pending, you are in status and you may work for your sponsoring employer (you cannot change employers though).

That said, you'll still need to leave US quickly and get a visa stamp outside and reenter US with the new stamp and 797. As USCIS thinks you may have fallen out of status, applying from home country is probably a better option.

~T