Expired I-94. Valid Visa. Can I now renew H1B?

[svemula1]

Hello,

 

My H1B Visa is valid until 09/20/2015. The original I-797 has an I-94 with the same date. Last year after visiting from India, they stamped with March 27 2015 as valid until date because of my passport expiration date. It's been about 25 days since then and I only realized it now. My I-140 was already approved.

 

1) Can I apply for an H1b extension now? 

 

2) Am I considered out of status?

 

3) Should I leave the country and try to come using the same valid visa (or) ask the employer for file for an H1b extension while I'm in India?

 

What are my options here?

 

Thank you,

Shashi

[jairichi]

1. No as you are illegally present in US due to expired I94.

2. Refer 1.

3. Your extension will be denied. Exit and enter US with a valid H1B visa and I797 and new passport.