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Mahendra Koppisetty

H1B visa extension with consulate processing without I-94

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Few days back I got my h1b visa extension with consulate processing without I-94. So my pay check stopped and I can't travel to India for stamping due to covid situation. My son has asthma and I am worried to travel with him once they allow traveling.

Is there a way I can get i-94 without traveling? Please help me with my situation.

Thank you in advance,

Mahendra

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You didn't tell us much. Is your I-94 expired? Did the employer Gor an RFE? Did the employer file it with Consular Notification ( there is no processing at the consulate, the processing is done by USCIS, they just notify the consulate that the H1 petition was approved)?

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Why was your extension filed under consular processing? Did you have any issues with begin out of status in the past? 

 

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Initial my h1b extension filed by my previous company. While it is in process I moved to my current company. On receipt I joined in my new company.  In my new company h1b transfer filed after my I-94 is expired. We received RFE and responded. Visa approval received without I-94. I am not sure that my company filed transfer under consular process or not. 

As per I-797B notice of action, my petition is approved and it has be determined named worker is not eligible for the requested extension of status.

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Since you petition was filed after i94 expiry, it was filed under consular processing. Makes sense. 

I don't think there is a way for you to get I94 without traveling. 

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The only thing you can really do is try going to Mexico to get the stamping done instead of India. I saw some people doing that. 

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