ASAP : Visa extension denied

[sugarcandy]

Hi,

My visa extension has been denied on the 20th of October & received notice or reason on 24th of october.My I94 expired on 24th of september. I have filed a new LCA to apply for a new H1B.I am thinking of staying in the country till the 15th of november.If visa is approved then go to mexico(tijuana) & get the stamping done. I was told i can stay inside the country only 30 days after the denial. In this case does everything sound ok and legal??? Can I go to mexico & get stamping? or I have to go to India?

[shervin143]

Even if you file a new H1B right now, it will not get approved with a new I-94 attached since your old I-94 already expired. It is advisable that you leave the country asap to avoid any complication during visa interview (15 days max). It is not advisable to go to a third nation to get the visa stamped when you have accumulated illegal stay (period post your I-94 expiry date will be considered as illegal stay).