I-797 approved without I-94

[Sainadhuni]

I did apply for my H1B extension (pp)last year October/13/2012 and the case went to RFE for Client letter request. I did submit all the documentation and the case went to Initial Review. While I was waiting and meanwhile my current H1B got expired on December/31/2012. My employer contacted and we didn't get any response from USCIS. So, my employer reapplied a new H1B extension on May-22-2013 and today I received the approved I-797 without the I-94 and it says I need to get my stamping.i got approval from June 2013 to jan 31st 2014.actually my i-94 expired on dec31st 2012.

I would greatly appreciate any kind of suggestions for my case.

Thanks,
Babu

[raghvi]

I did apply for my H1B extension (pp)last year October/13/2012 and the case went to RFE for Client letter request. I did submit all the documentation and the case went to Initial Review. While I was waiting and meanwhile my current H1B got expired on December/31/2012. My employer contacted and we didn't get any response from USCIS. So, my employer reapplied a new H1B extension on May-22-2013 and today I received the approved I-797 without the I-94 and it says I need to get my stamping.i got approval from June 2013 to jan 31st 2014.actually my i-94 expired on dec31st 2012.

I would greatly appreciate any kind of suggestions for my case.

Thanks,
Babu

Do you mean to say you dont have a valid I-94 currently? Its surprising that premium processing of your first request didnt complete within a month even after RFE. Something is amiss here, maybe the employer never filed PP. Also, you are out of status and illegal since Dec 31st 2012 as you dont have a corresponding valid I-94 for that period. Remember, you can be barred from entering US for 3 Years if you have overstayed your I-94 by 180 days which you seem to have done. I would suggest you leave US immediately and re enter after getting stamped H1. In most likelihood you will get an RFE/AP asking you to first prove your valid status/I-94 between Dec 31 2012 till the time of exit. Discuss with your attorney ASAP and plan accordingly.

This is my opinion not legal advice.

[kabkaba]

You need to consult an experienced immigration attorney of your own. This is a complicated matter. A lot depends on what happened to the previous petition. I am guessing, that it got denied and the employer did not tell you. It is also possible that the petition filed in May was filed without change of status. All this makes you illegal (not just out of status) from Dec 31, 2012 IMO.