H1B Extension Denial, i94 Expired. But I have a valid i797 and visa stamping

[Sethu Ramachandra]

Hello, I have a question about my specific scenario and need to know your thoughts:  

Here is my Story, I have a valid I797 and valid US visa till 08/31/2021. But since my Passport expiry was on 10/10/2020, I got the i94 till 10/10/2020 only during my last entry to US. Since there were a lot of COVID travel restrictions, I couldn't go outside the US to extend my i94. So, I filed an H1B extension in August 2020 to extend my i94 (After getting a new passport).
And that H1B extension got denied. I am out of status now.

So my question is,
Can I still go outside and reenter back to the USA to be in status and to extend my i94 till 08/31/2021?
Will the H1B Extension Denial process affect me in any case?
What is the status of my H1B visa now? Is it still valid?

 

Thanks!

[Zodiac System]

Good idea to get an attorney's opinion (or second expert opinion) on this situation as your original approval is until 08/31/2021 (even if the online I-94 shows a date of 10/10/2020).

Try going to a nearby CBP office with your original Approval Notice and new passport and see if they will give you a new I-94 stamp until 08/31/2021 on your current valid passport.

What is the reason for extension denial? Can your employer/attorney apply for MTR? (should be done within one month of denial).

Edited February 11, 2021 by Zodiac System

[Zodiac System]

Many CBP offices are accepting emails online due to COVID-19.  If you have a CBP office in your state, try contacting them online with your documents attached and request them to update online I-94 as your original approval is until 08/31/2021.

 

[LeaveMessageH1B]

On 2/10/2021 at 11:10 PM, Sethu Ramachandra said:

Will the H1B Extension Denial process affect me in any case?

Yes

On 2/10/2021 at 11:10 PM, Sethu Ramachandra said:

What is the status of my H1B visa now? Is it still valid?

Not valid, without extension/transfer petition in progress you don't have any status and no reason to enter US. (just imagine a conversation between you and CBP at POI !)

On 2/10/2021 at 11:10 PM, Sethu Ramachandra said:

I am out of status now.

You already answered your question here.