URGENT! H1B expires, out of status

[tdlinh80]

Hello,
My husband worked for Michigan State University, his H1B expired August 15 2010. He has changed his employer to University of Akron, starting August 23. His new employer has filed H1B petition before August 15 but the request to extension of stay was denied. now he became out of status and need to go to Canada to get new I-94. Is the trip to Canada necessary? Is there any other way to get the I-94? Thank you very much for any advice.

[shervin143]

I assume his I-94 also expired along with the visa. If so, then his presence in teh country will be considered illegal now.

When you say the extension was denied, did you mean the petition got approved for a consular process (Approved, but without a new I-94)? If that is the case, then he can leave the country and re-enter with the new petition and a valid visa.

If the petition itself got denied, then there is no point in going to Canada. He should leave the country immediately to avoid accumulating illegal stay.

There are risks involved in going to third country consulates for visa stamping when one has already accumulated illegal stay. Check this.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

[tdlinh80]

Hi Shervine,

Thank you for your quick reply.

Yes, his H1B petition (sponsored by the University of Akron) got approved on 8/11/2010, which is even before the expiration date 8/15/2010. There is no I-94 on the approval notice.

When the university gave a copy of the H1B approval notice to him, he thought that everything is good. The university didn't say a word about this serious problem! Today is 8/31/2010 and they suddenly inform him about this. We are totally socked.

Please give us any advice you have. Thanks.

[shervin143]

He should leave the country immediately and re-enter back with a valid visa and the new petition to get a new I-94. He should make sure that he returns the expired I-94 if he is traveling to Canada. Because they won't take the I-94 if the trip is too short.

[kabkaba]

If you are in H4 status, check your own I-94 also. If it has expired, you will need to take steps to extend it too.

He has to return his I-94 when he leave the US by visiting the CBP office at the border or airport. On re-entry he will get a new I-94. All this assumes he has valid H1 Visa in his passport, otherwise he will have to apply for it at a consulate.