1-797 approved but extension of stay denied

[tabho]

Dear All, I am in confusing situation.

I was working for a company x, got laid off and they notified uscis after 2days. I went for searching job, gave interviews and got offered after second week. By third week my employer filed for h1b transfer in premium processing.

We got query, we submitted required documents. We got receipt by email of I-797 approval for 1 year. We then got the hard copy with approved i-797 and a letter saying my i-797 is approved but my extension of stay is denied (did not got the new I-94 so payroll cannot be generated).

Because the time my visa got revoked and new petition filed has 14 day gap so my status is not maintained. It also says my approved H1B I-129 has been sent to Mumbai Consulate.

I had earlier got visa stamped this year with the old company till Sep 2013. What should I do? My employer says you can goto Canada, Mexico and come back to get new i-94 back. Do I need to goto Mumbai consulate for stamping again even if I have visa till Sep 2013. How long I can stay in the country.

Thanks, please provide me Guidance.

[shervin143]

You need to leave the country immediately. You can return back using the existing H1B visa (issued under the previous company name) and the newly approved I-797 from the current company which will get you a new I-94 at the POE that will allow you to work for the new employer. You can go to Canada or Mexico and return back. However you need to make sure that you return all your current I-94s and get a new one upon your return associated to your new I-797. In most cases, they don't take the I-94 when you go to Canada or Mexico on short trips. If you don't get a new I-94 on your return, then the entire trip will be worthless.

[tabho]

Thanks for replying, I really appreciate it. I have couple of questions more.

1) I wanted to know does applying Canadian visa takes 30 days( I read from the website.) or it can be less.

2) Can I call up and ask uscis to get answer from them, hope it should not be a problem.

Thanks,
+Ketan

[shervin143]

1) I wanted to know does applying Canadian visa takes 30 days( I read from the website.) or it can be less.
>>> It can be less. If you walk-in to a Canadian consulate (if there is one in your state), it will eb faster.

2) Can I call up and ask uscis to get answer from them, hope it should not be a problem.
>>> Answer from whom?

[tabho]

2) I mean can I call up USCIS for the letter they sent saying i-797 is approved but extension of stay is denied and ask what it means and what should be done.

Also I got a reply from a friends attorney saying that technically my visa till sep 2013 is now invalid as USCIS knows I am out of status so you cannot go out of country and come back with new I-94.

Some have done that and are successful as the system at port of entry is not perfect but if they found this later you will be in trouble.

He insisted to go for stamping.

What do you think after reading the document, do I need stamping or going out to Mexico or Bahamas would work out ?

Thanks,
tabho.

[shervin143]

2) I mean can I call up USCIS for the letter they sent saying i-797 is approved but extension of stay is denied and ask what it means and what should be done.
>>> What is there to call up. The letter clearly states that your H1B is approved for consular process. Unless you get out of the country and return back in H1B visa or file an H1B amendment and get the COS approved (less chance of approval), you will not be work for the H1B sponsor.

Also I got a reply from a friends attorney saying that technically my visa till sep 2013 is now invalid as USCIS knows I am out of status so you cannot go out of country and come back with new I-94.
>>> If you continue to stay, your out of status period will keep increasing which will cause more bigger problem. Like I mentioned n my previous reply, leave the country immediately to avoid accumulating more out of status period.

Some have done that and are successful as the system at port of entry is not perfect but if they found this later you will be in trouble. He insisted to go for stamping.
What do you think after reading the document, do I need stamping or going out to Mexico or Bahamas would work out ?
>>> Being out of staus is an issue. If it is going to be a problem at the POE and it will be a problem at the consulate too when you apply for the visa. You should leave the country (make sure you return all existing I-94s) and return back with the existing valid visa and get a new I-94 at the POE. If that doesn't work, then be prepare to go for the visa stamping.

[tabho]

Thanks for your answer. I am thinking of going to Jamaica as its a common wealth country so people with Indian passport do not require visa as I found out online.

My question is when I leave to Jamaica from USA will they take my old i-94 back ? or will I required to show at Jamaica?

[shervin143]

You need to make sure that you return all your I-94s when you leave the country and get a new on upon your return. Otherwise there will not be proper exit records against those I-94s and it will cause issues. I-94 is related to U.S. It has nothing to do with Jamaica or any other country and you don't need it outside U.S.

Thanks for your answer. I am thinking of going to Jamaica as its a common wealth country so people with Indian passport do not require visa as I found out online.

My question is when I leave to Jamaica from USA will they take my old i-94 back ? or will I required to show at Jamaica?

[tabho]

Hi,

Came back from Mexico with new I-94, thanks to all who gave me the details.

I have a couple of questions, I will be going to India for my brothers marriage for two weeks next month and to see a girl for myself. I have my visa till sep 2013 of the prev company which revoked my h1b.

1) Since I came back from Mexico, I should not have problem to come back from India ? I heard from some more people its better to get stamp. what should I do ?

2) If I get married, will my wife have a problem in getting h4 visa and also will there be problem in filing my gc as I had gone out of status for few days?

Thanks in Advance.

[shervin143]

1) Since I came back from Mexico, I should not have problem to come back from India ? I heard from some more people its better to get stamp. what should I do ?
>>> You can use the existing valid visa along with the latest approval notice to enter U.S. It is similar to your entry from Mexico. No difference.

2) If I get married, will my wife have a problem in getting h4 visa and also will there be problem in filing my gc as I had gone out of status for few days?
>>> H4 should not be a problem as long as you have all the required documents in place for her stamping. Being out of status is an issue and no one can predict whether it will cause issues or not. It depends on how thoroughly they check your immigration records.