Extension of Stay denied (no I-94), H1B Approved and I485 just applied

[rajadurai]

Hi,

I am clueless on my Status

My Old H1B expired on October and my Company Had filed for an Extension Just before October.

I got my Latest H1B as Approved for the Status but Extension of stay is denied. Which probably means that I need to go to India for a visa. Meanwhile, My I485 was filed just 10 Days back as well.

What are my Options?

Can I continue to Stay here?

Can I go to India to Get a H1B Visa Stamping? If so, will that affect my AOS process?

Thanks,

Rajadurai

[Attorney_7]

Generally, when an H1b petition is approved without an I-94, and if his/her last I-94 has already expired, he/she may be accruing unlawful presence as of the date of the denial.

Also, generally, when one is not in valid non-immigrant status at the time of filing I-485, the I-485 is usually denied.

The period during which an H1b extension is pending is called “period of authorized stay,” where the Beneficiary is allowed to stay in the U.S. However, it is not valid non-immigrant status.

It is strongly recommended that you consult an experience immigration attorney to discuss your options.

[noauditplz]

what if when an H1B petition is approved without an I-94, but previous I94 is still valid ? can I still work for new employer with previous valid I-94 ?