Very strange scenario.H1B approved but extension of stay denied.

[manu78]

Hello gurus,
I am in a strange scenario. My change of employer H1B is approved but extension of stay denied.
-came from India through company A on H1b in 2009 june , got I 94 till sep 2011.
-Changed to company B, worked on receipt only till mar 2011, (took so long, got RFE, and replied still waiting)
-In march 2011, got offer from new American company C, initially applied under normal processing , got RFE in may , changed to Premium processing and replied RFE in june 1 st week----got approval couple of days back for next 3 years ( till 2014) but extension of stay denied ( I have I 94 till sep 2011)
Usics mentions that in oct 2010, company A revoked my H1 petition ( after i left them), so not extended my stay.
Should I go to back to india immediately and get new visa stamping or can I cross border and come back with new 1 94 ( based on new company C approval).
I think I am out of status but legal stay based on I 94 .
Please help me , am in a fix weather to go to india for stamping or get new I 94 from crossing US border.

[shervin143]

If you have a valid visa in your passport, then you can go out of the country and return with with Company C's petition. You will get a new I-94 at the POE. If not, then you need to get the H1B visa stamped and return back.

[kabkaba]

To add to the above, company C should have filed their petition with copies of B's receipt and B's paystubs and a letter explaining your status.

[manu78]

Thanks friends for the reply.

I have visa till Sep 2011. I will go out of the country and return with with Company C's petition. Planing to go to jamica and come back with new I 94.

Will the officer at POE gives me i 94 till 2014 or till sep 2011( visa vaild date)

I do have, all paystubs, employer letter and new approved petition till 2014.
What questions can i expect at POE
Your suggestions are much appreciated

[kabkaba]

If you show the latest petition, you can insist on getting your I-94 according to that. Normally officers at big airports are conversant with these rules. I don't know if you will be using a sea port for returning from Jamaica (cruise or something).

[shervin143]

Will the officer at POE gives me i 94 till 2014 or till sep 2011( visa vaild date)
>>> It depends on the officer. Usually they will issue you the I-94 until the petition expiry date.

I do have, all paystubs, employer letter and new approved petition till 2014.
What questions can i expect at POE
>>> It is mostly about your employment. There is no standard set of questions.

[manu78]

Thanks both of you.

[manu78]

Came back from Jamica with new I 94 valid till new approval date.
Thanks again

[tabho]

Hi Manu,

I have a question, when you left for Jamaica did they you gave the i-94 at the US airport or you took them to Jamaica. If you took them to Jamaica did they ask you for showing i-94, i-797 and h1b visa since you were out of status it can be problematic?

I am planning to go to Jamaica.

Thanks.