With valid H1-b but I94 is expiring don't have updated passport

[SMegha]

Hi,

I have a situation :

My H1 is valid till 2016 May but as my passport is expiring , while entering US ,my I94 date was given as my passport expiration date which is prior to my visa expiration date .

I have applied for passport renewal & it's been more than 5 weeks and seems like there is a change in process , so passport renewal is taking longer time than expected and my I94 is expiring in next 2 wks .

I called BCP and explained my situation , they said they can't do anything this is between my country consulate and me and I shouldn't stay after my I94 date .but my problem is I tried to follow up with my consulate and they said it is under processing and they can't exepediate and I don't have my old passport to travel outside US.

What should I do ,please advices

[jairichi]

Employer has to file a cap exempt H1B extension petition. This has to be done before your I94 expiry date.