Consular approval for H1B extension

[yousufmayana]

Hi,

My employer applied for my H1B extension through premium processing. But I received a consular approval from 4-28-2019 to 1-17-2022.

My current I-94 expires on 4-27-2019. I hope I can stay till this date. 

Do I have to go for Visa stamping to my country India? or it can be done by going to Canada or Mexico?

Can the Visa interview be before the start date of the petition (4-28-2019)?

Or it has to be after that date.

Lease help regarding this.

[xTDx]

1. You would need to understand why the extension of status i.e EOS not approved. If USCIS did not approve the EOS because of you not maintaining the status then you may be out of status already. You need to work with your employer and their attorneys to analyse the official approval notice or any other documentation sent by USCIS against this extension case. 

2. Generally visa stamp can be done from CA or MX. Home country is suggested.  You can get your visa application filed before petition start date.

[rohit369]

If you already have a valid H1 visa, then you can go to Mexico or Canada and reenter with the fresh I-94 based on the new H1 petition before 4/28. 

If you dont have a valid H1 visa, then you will have to leave the country before 4/28 and get a new visa stamp based on the new H1 petition and reenter the US. If its your first H1, then you have to go to India.

[yousufmayana]

Hi thank you for your reply, My immigration team has sent a email asking regarding why they have given consular approval. but reply from them yet.My Visa has expired in Aug 2016,  I have had extended my H1B in 2016 before as well and never traveled out of USA. 

[yousufmayana]

Hi, 

I have applied with dependents, their petition I-539, has been approved with extension in status (I-94 attached) till 01-17-2022. 

can they stay in USA if I have to travel alone to get my Visa stamping done. Or they have to accompany me for the stamping since I am the primary applicant?