I-94 extension denied

[japss]

- My H1B is valid upto June 2010.
- Since my passport had a expiry date of Oct 21 2009, I-94 had Oct 2009 on it.
- My employer filed for I-94 extension on Oct 21 2009 (on the last day I-94 about to expire)
- Two weeks before we received a denial notice from USCIS that we did not file the I-94 extension on time.
- Now, my employer suggests me that I go out of USA either to Canada or Mexico (I still have my H1B visa valid upto June 2010) and come back with new I-94

Will it cause any issue during re-entry to USA from Mexico since I overstayed per USCIS?
Will it have any impact on the H1B extension that my employer going to file next month?
Please advise.

[shervin143]

Will it cause any issue during re-entry to USA from Mexico since I overstayed per USCIS?
>>> Possible.

Will it have any impact on the H1B extension that my employer going to file next month?
>>> Possible.

[japss]

Thank you for the quick response, Shervin
Could you please let me know what kind of issue I might face during re-entry?
I am carrying all of my H1B filing documents, employer support letter. What other option I have if I am again denied I-94 at USA PoE?

Thank you!

[japss]

I cleared PoE and entered USA from Mexico. Ofcourse, with loads of questions from CBP personnel and had to show evidences and convince them that my intention was not to violate the law.

[Srini2010]

I-94 Issue

Hi,

I am in the same situation will you please send me your contact numeber and email id I would like to talk to you

I too want to go out of US and come with new I-94
What all questions you faced please list them

you may email me sriniraosd atgmaildotcom

I need help please respond.

My situation is almost same but i went to India in Dec2008 and came in Jan 11 2009 and my visa and h4 got expired in oct2009 but I have approved I797 upto June 30 th 2010 and new i797 has i-94 attached which has validity up to june 30 th 2010
Please advise
Thanks in advance
Srini

[shervin143]

What exactly is your problem? If you already have an I-94 that is valid until June 30th 2010, then why do you want to leave the country and re-enter?

My situation is almost same but i went to India in Dec2008 and came in Jan 11 2009 and my visa and h4 got expired in oct2009 but I have approved I797 upto June 30 th 2010 and new i797 has i-94 attached which has validity up to june 30 th 2010