1-797 approved but extension of stay denied

[ketanbparekh]

Dear All, I am in confusing situation.

I was working for a company x, got laid off and they notified uscis after 2days. I went for searching job, gave interviews and got offered after second week. By third week my employer filed for h1b transfer in premium processing.

We got query, we submitted required documents. We got receipt by email of I-797 approval for 1 year. We then got the hard copy with approved i-797 and a letter saying my i-797 is approved but my extension of stay is denied (did not got the new I-94 so payroll cannot be generated). Because the time my visa got revoked and new petition filed has 14 day gap so my status is not maintained. It also says my approved H1B I-129 has been sent to Mumbai Consulate.

I had earlier got visa stamped this year with the old company till Sep 2013. What should I do? My employer says you can goto Canada, Mexico and come back to get new i-94 back. Do I need to goto Mumbai consulate for stamping again even if I have visa till Sep 2013. How long I can stay in the country.

Thanks, please provide me Guidance.

[murphyd]

Its better to go to Mumbai consulate to stamp your new visa. What if something happens in mexico or Canada, you will be stuck there.

[Sreeni76]

You don't need to get Stamping again. Old one still valid.

[kingvijay]

I don't see a reason on why you need a new visa when you already have a valid stamped visa.

To get a Canadian Visa to go to CA and come back, they usually look for a valid I-94, which you don't have. If they do give you a visa, it might not be best to go to CA and re enter.

[ketanbparekh]

Thanks for your reply.

I asked today One attorney, she told me technically my visa (till Sep 2013 with old employer) is not valid as USCIS knows I have been out of status so If I plan to go out of country and come back that might not work with the same visa. The system is not perfect, it might occur that I may be allowed to come in at Port of Entry, but if they later found this then it will be problem in the future.

She suggested me to go for stamping that is the legal route. Even though she told many have done like going to Canada and came back without stamping.

What do you guys think is the best option or any other suggestions.

Thanks In Advance,

[murphyd]

IT is better to stamp a new visa. At the port of entry, when the officer allows you to enter the country, your status is reset. That's why it is recommended to exit the country and reenter it on a valid status.

[bartender]

if you are going to get your visa stamped, its always better to get it done in your home country, especially in a situation like yours (where you have been out of status).

Good Luck!!!

[bartender]

hi i found this link and i think question 11 or 12 answers your scenario. i hope moderator allows this post.

http://www.**************.html

[wiweq]

I would say, just reentering is USA would suffice to solve your problem.

[ketanbparekh]

Thanks all for your reply I appreciate it. I asked couple of attorneys, they suggested stamping as the legal route. If I wish to take risk then try for Bahamas, Mexico. I told them I want to have a proper sleep at night without worrying so I prefer stamping in Mumbai. Even If I get stuck up there I will accept that was written in my destiny.

Does anyone know, will it be tough to get new visa stamped even if my I-797 is approved, what difficulty I may face or there are more chances of me getting stuck up there.They will surely ask me why I went out of status.

Thanks in Advance.

[ketanbparekh]

Hi Bartender User, can you send me the link.

Thanks,