My H1b extension along with my wife's h4 extension (I539 EOS) papers are sent to USCIS on 20th Dec 2010 and are received by USCIS by 21st Dec 2010. My H1b expired on 5th Jan 2011.
My wife and I had to travel to India around the same time, left US on 4th Dec and back on 20th Dec. Got a new I-94, that expired on 15th Jan 2011.
But the extension papers sent on 20th Dec to USCIS had the old I-94, not the new one that we got on 20th Dec.
Yesterday, I got an e-mail notification from USCIS, that my I-129 is approved and my wife's I539 EOS is denied. I haven't received the notices yet.
I guess, denial is due to the old I-94, sent along with the petition.
I'm also guessing that my new I797, will not have I-94 with it.
The options, that i know are,
1. Go to India, get visa stamped and come back
2. Go to Canada/Mexico, get visa stamped and come back. (This is my fourth H1b stamping)
3. Motion to reopen.
Are there any other options, that i'm not aware of?
Which option is best suited to my case?
If i go with Motion to reopen, how long this process is going to take and what are the chances of approval?
My GC is progress (approved I140 and waiting to apply for I485), How is this going to effect this process?
Appreciate your help!!