Have a new job but I-94 has expired, do I now need to go to India?


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I need some urgent legal counsel for a pressing matter. I quit my job last month and have a new offer to join a firm willing to do my H-1B transfer filing. Given that my I-94's validity has expired (while employed at my previous firm, mistake on my part on missing out on noticing that) I have been advised by the new firm's legal counsel to return to India immediately while they file for new H-1B visa on account of the firm.

Listed below are dates per my records for the relevant data-points. Could someone advise me at the earliest on next steps or possible work-arounds? Thanks in advance

H-1B stamp on old passport for visa issued with previous employer (w/ I-797) expires : 09-30-2012

Previous passport expired : 03-06-2011

Latest I-94 expired : 03-06-2011

New passport expires : 03-30-2021

Last date with last employer : 04-22-2011

Last paystub from last employer : 04-28-2011

Tentative start date for employment at new employer : 05-23-2011

Let me know if you have any questions and/or suggestions. Your time and help on this matter is most appreciated

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Generally, if one stays in the U.S. beyond the expiration date of his/her I-94, he/she is considered unlawfully present, which may have serious consequences. One is not allowed to work, change status, or extend status when unlawfully present. Please consult an experience immigration attorney to discuss your options.

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