H1B Extension, Received i797B even when its approved

[deepaksehra]

Hi there,

My company filled my H1b extension petition in Dec 2014 and it got approved by March 2015, while my recent i94 got expired in March itself. Now that I received a i797 form from USCIS it mentions consular notification i.e. i797B instead of i797A and updated i94. There is no change in my employer and neither i have maxed out. Its my very first petition for extension after staying US for a year.
Is that a mistake by authority or an extra check by them to make sure I have to go through the stamping interview before they can grant new i94?
If my company has to contact USCIS does it take lesser time than 30 days to get a response? Also I cant legally stay in US any longer since my i94 expired and I dont have an updated one?

[raghvi]

Hi there,

My company filled my H1b extension petition in Dec 2014 and it got approved by March 2015, while my recent i94 got expired in March itself. Now that I received a i797 form from USCIS it mentions consular notification i.e. i797B instead of i797A and updated i94. There is no change in my employer and neither i have maxed out. Its my very first petition for extension after staying US for a year.
Is that a mistake by authority or an extra check by them to make sure I have to go through the stamping interview before they can grant new i94?
If my company has to contact USCIS does it take lesser time than 30 days to get a response? Also I cant legally stay in US any longer since my i94 expired and I dont have an updated one?

Did they give any reason why they did so?

If you got an I797B then yes you would have to go outside US for a fresh H1 stamping. You can try to question USCIS but then with an expired I-94 I would say it would be advisable to go for a H1 stamping.

This is my opinion not legal advice.