To get new I-94 by crossing Mexico border from San Diego and entering back into USA

[sandy_ts89]

I am currently on H1B Visa, My I-94 was expired on September 2015 and my company has filed petition for my I-94 extension in July 2015 before the expiry of my I-94. I have already received the receipt notice from USCIS for I-94 extension ,But USCIS is taking long time to for the approval.

I have valid I-797 and H1B stamped on my passport will September 2016, I want to go to Mexico from San Diego border to get my new I-94.

1. Can i get a new I-94 from while reentering into USA based on my H1B, while the I-94 extension is pending with USCIS.
2, If i go out of USA in November 2015, will the immigration officer will ask me about my stay after the expiry of my I-94 i.e after September 2015 for the months of October and November.
3. Can i show him the USCIS I-94 receipt to cover OCT and NOV months.
4. Since my I-94 is already expired Will there be any problem in getting new I-94 from CBP Officer at the border. I have receipt notice from USCIS that i have filed for I-94 extension before the expiry of my I-94.
5. What will happen to my USCIS petition if i get the new I-94 by crossing the border.

[shervin143]

1. Can i get a new I-94 from while reentering into USA based on my H1B, while the I-94 extension is pending with USCIS.
>>> If you travel outside the country while the petition is pending with USCIS, the extension of stay will be denied. If that happens, then the time that you have spent in U.S from your last I-94 expiry date will be treated as illegal stay.

2, If i go out of USA in November 2015, will the immigration officer will ask me about my stay after the expiry of my I-94 i.e after September 2015 for the months of October and November.
>>> Yes, You can be questioned.

3. Can i show him the USCIS I-94 receipt to cover OCT and NOV months.
>>> Yes, you can do that. It is up to the officers to take it or not.

4. Since my I-94 is already expired Will there be any problem in getting new I-94 from CBP Officer at the border. I have receipt notice from USCIS that i have filed for I-94 extension before the expiry of my I-94.
>>> Hard to say. Technically you are not supposed to travel when the petition is pending. That too when your I-94 has already expired.

5. What will happen to my USCIS petition if i get the new I-94 by crossing the border.
>>> The last action rule will come into play. If you return back with a new I-94 at the POE and if your H1B later gets denied or if it gets approved for consular process (without a new I-94) then you will have to leave the country immediately. Search and read about the last action rule.

If you want to get the I-94 as sson as possible, then instead of trying to leave the country and returning back to get an extended I-94, why not upgrade your case to premium and get the result within 15 days?

[sandy_ts89]

Thanks for the clarification. I am trying to process it in Premium.

Thanks