Urgent - i94 expired - Please help


nash1110

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Hi All, 

I have critical situation and don't know what to do. 

My have h1b stamped form based on my previous i797. The expiration date on stamp is sep/13/15. I changed job and got new i797 with expiration date to dec-31/16. And so does my i94 expiration date also changed. 

Me and my wife went to Canada in August for couples of days. On a way back we showed i797 and password and VO let us in US. 

Today Oct-2-15 my wife went to renew her driving license and realized that the initial lawyer did mentions her name into i129, thus she don't have i529 and she is literally out it status for 3 weeks because her i94 has same expiration that I had In stamp, which was sep-13-15. 

I called Lawyer and we tried to check my i94 and found that on way back, the VO changed my i94 expiration date back to sep-13-15.

Now technically my i94 also expired and we both as out of status.

The Lawyer said there are two options. 

1 I should leave the country before we reach to 30 day post i94 expiration and get visa stamped. 

2 we file another H1B again 

I am totally blacked out and don't know what to do. 

I got my H1B stamped in India, so do I need go back to India again or should I go to Canada. 

Please help ASAP 

Many thanks 

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