H1B approved for 2 months - Do I need stamping for filing H1B Extension

[abhi9]

Hello,

I came to USA on F1 visa and started working on OPT and then got my H1B approved in FY 2015. I recently changed my employer and got my H1B transfer approved today, but only for next 2 months i.e. My new H1B validity is until 04 JUN 2018.

Now in order to file my H1B extension, my employer is asking me to leave the country until the the visa is valid and get my visa stamped. Once the visa is stamped, they will file my H1B extension. They said, they can only file my H1B extension after I've returned with a new I-94 (If I try to check my I-94 record, the result is "No record found". Attached is the screenshot too.)

Do I really need to leave the country in order to initiate my H1B extension or is there any workaround this?

Please Advise, your help is really appreciated!

P.S. I have left USA in December 2012 and had returned back in USA in January 2013 when I was on F1 visa. After that, I have never left the country until now. The F1 Visa expiration date on my passport is 30 JUN 2016.

Thank you.

Edited April 4, 2018 by abhi9

[pontevecchio]

How can you get the H1 visa stamp once the petition has expired ? 

[abhi9]

@pontevecchio

My petition will expire on 04 Jun 2018, but my employer is asking me to get the visa stamping done before that. Does that answer your question?

[care_candidate]

No, you do not need to leave country. Perhaps your employer do not understand this process. Consult or hire outside attorney & explain him/her everything about your case including what employer is asking. And forward his/her response to company. Some employers with no knowledge do try to dictate unnecessary terms not knowing how the immigration process works.

[ashukla]

11 hours ago, abhi9 said:

Hello,

I came to USA on F1 visa and started working on OPT and then got my H1B approved in FY 2015. I recently changed my employer and got my H1B transfer approved today, but only for next 2 months i.e. My new H1B validity is until 04 JUN 2018.

Now in order to file my H1B extension, my employer is asking me to leave the country until the the visa is valid and get my visa stamped. Once the visa is stamped, they will file my H1B extension. They said, they can only file my H1B extension after I've returned with a new I-94 (If I try to check my I-94 record, the result is "No record found". Attached is the screenshot too.)

Do I really need to leave the country in order to initiate my H1B extension or is there any workaround this?

Please Advise, your help is really appreciated!

P.S. I have left USA in December 2012 and had returned back in USA in January 2013 when I was on F1 visa. After that, I have never left the country until now. The F1 Visa expiration date on my passport is 30 JUN 2016.

Thank you.

Usually your H1B extension approval comes with new I94, the reason you are not able to find the record is, at that time this online I94 is not available but that really doesn't matter, I94 is only valid till you have legal status approved in USA. Not sure why you have received your new I94 along with your recent H1B approval.

[gopalakrishnach]

I donot see why your employer is saying you to get stamped and then they will do your extension. Thats doesnot seem correct. 

[abhi9]

Thank you guys for all your responses! I will hire an outside attorney and discuss this case with him.. I will keep you posted on what the outcome is.

[skoyalada]

Is your I-797 is A or B? If your approved I-797 is A then you should have I-94 attached to it. if not your employer might have applied for I-797B i.e. consular process which will not have I-94 attached to it. this leads you go out and get the stamp done so that you will get a new I-94. 

[abhi9]

I have I-797 B approved, which means I will have to go out and get the stamp to have a new I-94.

[skoyalada]

Yes @abhi9 you need to go out of the country and get the stamping done. you can stay inside US until your current I-94 valid but if it is getting expired soon then you have to go and get the stamping. i didn't understand why your employer didn't applied for I-797A

[abhi9]

Thank you for all the information folks! I took a second opinion from an outside attorney. He explained me the my petition has been approved, but my status has not been approved yet. The have issued me a new I94, but it will only kick off when i travel and come back.

[priyasrivastava2018]

Hi abhi9,

can you please keep me updated on your stamping experience . i am in a similar boat, going for visa stamping with my petition near expiry.

 

Thanks !

[shriram0205]

Hi,

did you successfully stamp and come back? I’m in a similar situation as well this year and I am going for stamping this week and my petition is expiring this year end.