Petition approved but extension of stay denied since physically not present in the country

Desi Java

New Member
I am currently employed by Company A. I was supposed to take a business trip for Company A when I accepted an offer with Company B and asked them to file the H1B transfer petition. I came back from my business trip to find out that the transfer petition had been filed a day before I entered USA. I was not in violation of H1 status since I entered USA on Company A's visa while still working for them. However since I was physically outside USA when the Company B petition was filed, my extension of stay was denied. i.e I received an approved I797 for Company B without an I-94. Also received a letter explaining that the approved petition has been forwarded to Mumbai consulate.

Now I want to start work with Company B. The visa in my Passport is for company A and is valid till 2016. Can I use this visa and the approved petition from Company B and re-enter from Canada / Mexico to get the new I94. Or is it mandatory for me to make the trek to Mumbai and get a brand new Visa ?

Thanks.
 
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