I797B - Notice of Action.

[master01]

Hi, If anyone has faced this situation please help me.

My I94 expired on SEPT 2010 along with my visa validity. But before that I applied for H1 renewal and after 1 RFE, H1 was denied. My employer created a new H1 request and this got approved in May 2011 with I797B. Am I eligible to go Mexico for stamping?

or Do i have to go to INDIA.

Am I eligible to work here legally till I get visa appointment date? Because I heard now a days its taking 2 to 3 weeks to get an appointment date.

In I797B they haven't mentioned about when to leave the country for stamping.

I heard in INDIA situation it pretty bad.

Please help me if anyone has gone through this situation.

[Attorney_7]

Generally, an I-797B does not confer one with any status in the U.S. It is an approval of a petition without an approval of the Beneficiary’s status. With an I-797B, generally, the Beneficiary is not allowed to work for the H1b petitioner in the U.S. until he/she travels outside the U.S. and returns with a valid H1b visa.

It seems that there may be a serious issue with your current status. It is strongly recommended that you consult an experienced immigration attorney as soon as possible.