Valid I94 but H1B extension is denied

[ajaganath]

I have a situations where my H1B transfer with Company B is approved but my extension was denied. Reason it was denied because I was in India for vacation at the time of H1B transfer/extension with Company B made.

I also have I94 from my old employer which is valid until 2015.

 

My question is, am I legal to stay in the country and continue my job with Company B since my transfer is approved and I have a valid I94?

 

If not, what are my options? Thanks in advance for your reply.

[pontevecchio]

This is USCIS error. Talk to the company Lawyer. Why did you not show the approval from B while coming back.?

[t75]

How could you still have your old I94? It was to have been return when you left.

 

Did you enter with the latest documents - from your new employer?

[ajaganath]

Thanks for the reply. 

 

Reason why my extension is denied is because USCIS quotes "I was out of country during the extension is requested".

I still have valid I94 because I entered the country on Sep 25th 2013 (through my previous employer visa) and got new I94 and so I have it valid until 2015.

 

My attorney says we can apply for H1B amendment stating that I am now in the country and re-request for the extension approval. He is also staying I am legal to stay in the country as I have valid I94 and Visa from my previous employer which is valid until 2015.

 

Is that correct?