I-94 extension without leaving Country, possible refiling

[tsing]

Hello all,

I have tried to read several posts in the forum related to my issue and am about to take some action. I thought I would post here and take suggestions from this forum on my sepcific approach regarding my case.

I filled for my 2nd H1 B extension and received a I-797B, without an I-94last month. Apparently my employer missed to attach the first page of my Passport hence USCIS sent a I-797B stating that the petition for H1-B is approved but 'the extension of stay' is not since they could not determine the validity of my PP.

Case facts:

My current I-94 and H1-B stamping is valid till Feb 28, 2013.

New issued I-797B is valid through Oct 2015.

I am on FT employment with a Government agency, for past 3.5 years.

I need a new I-94 to continue my stay past Feb 28, 2013.

Questions:

I want to try my options to get a new I-94 without leaving the country first. If this doesn't work, I will plan for a travel outside of US.

1. Given that it was a mistake on our part to not supply proper documentation to USCIS, what are the chances that CBP will issue a new I-94 ? Nearest CBP to me is in Minneapolis and I have read in one of the post that they do not so I-94 corrections. Is anyone aware of such cases and/or success stories at the Minneapolis/St Paul CBP ?

2. Do I have better chances at other CBP locations, for instance Chicago ?

If CBP do not issue an I -94, I am considering filing for an H1-B amendment/refiling in premium processing:

3. I am not sure what is required - an H1-B amendment or Refilling the application for H1-B ? How can I find out?

4. Are there ways I can save some of the fees if I were to re-file as the cases for h1-b is already approved?

Thanks in advance for your help and replies.

Regards.

[rahul412]

Questions:

I want to try my options to get a new I-94 without leaving the country first. If this doesn't work, I will plan for a travel outside of US.

You have to cross the border to get new I94