I797-B without I-94

[princeps]

Hey Guys,

I was laid off from my job on 08/03/2012 on H1-B but my employer did not revoke my petition. It look me a few weeks to find a new position and I finally got a contract and filed in my h1-B under the EVC model on 09/01/2012 after my LCA was filed.

My previous H1-B is valid till 09/17/2013 and so is my I-94 and there's no employer name written on my I-94. After filing my H1-B I got an RFE regarding my client letter and paystubs. Only one paystub was missing and USCIS premium processing approved my case after submissions of client letter and newly generated paystub of my new employer.

Along with the approval USCIS sent a notice of decision that the extension of stay is denied.

My question here is do I need to go back to my home country and get my newly approved H1 stamped or I can just cross the border at Mexico since its real close by and also since my original H1-B approval is still valid.

Please help me ASAP.

Princep!

[shandan]

Check with the embassy in Mexico if they are doing H1 stamping in your scenario, I recently found out in this forum that in Canada they are limiting H1 stamping to folks with US degree, so make sure the embassy you are planning to visit is actually taking your case.

Otherwise it does not matter which embassy u get the stamping done at, as long as you get it done.

[princeps]

Shandan,

Thanks for the reply. The thing is do I really need stamping? Since my visa is still valid? I was thinking more on crossing the border and re-entering US and getting a new I-94 from US CBP post.

Thanks!

[cooldude76]

Check with the embassy in Mexico if they are doing H1 stamping in your scenario, I recently found out in this forum that in Canada they are limiting H1 stamping to folks with US degree, so make sure the embassy you are planning to visit is actually taking your case.

Otherwise it does not matter which embassy u get the stamping done at, as long as you get it done.

@shandan,

I did not find any such information on the US Consulate of Canada, are you sure about the statement you wrote above ?

[shandan]

@shandan,

I did not find any such information on the US Consulate of Canada, are you sure about the statement you wrote above ?

Like I said I also knew otherwise it was in this forum, somebody corrected me by telling this. So all I am saying is please verify. If it is not the case then well and good.

[princeps]

@shandan , @cooldude76. As per my second post

Shandan,

Thanks for the reply. The thing is do I really need stamping? Since my visa is still valid? I was thinking more on crossing the border and re-entering US and getting a new I-94 from US CBP post.

Thanks!

Will I be able to reenter just by crossing the border and going through POE .