Applied for 2nd H1B extn based on I-140. Got I-797B without I-94

[dipender]

Hi,

 

I have already got 1 H1B Extn based on my I-140 for 3 years in 2012, which is expiring in March 2015. My company applied for extension in premium processing and I got a I797B approval for 3 years withoout I 94.  

 

The I-797B says  "The above petition has been approved for the classification requested. It has been determined that the named worker is not eligible

 for the requested extension of status.you will receive a separate notice explaining the reason for this determination."

 

I have been working for this company for last 5+ years. My GC process is also initiated by the same company. I have never been out of USA since I have come here in 2007 Jan and I have never been out of status.

 

I don't know what could be wrong. My company paralegal is trying to find the reason. In the mean while, kindly let me know if I have to go out of country and then come back again to get the I-94?   Under what circumstances someone will land in a situation like this?

 

Thanks and Regards,

Dipender

 

[jairichi]

There is a possibility that it was a mistake by USCIS. Your employer's attorney has to contact USCIS and get it rectified.

[dipender]

Thanks Jairichi,

 

Hope its a problem which can be fixed and I dont have to go to India to fix it. 

Thanks for your reply.

 

Regards,

Dipender

[jairichi]

Thanks Jairichi,

 

Hope its a problem which can be fixed and I dont have to go to India to fix it. 

Thanks for your reply.

 

Regards,

Dipender

Yes, if it is an error by USCIS. Alternatively you can exit and enter with a valid H1B visa and I797.