new i -94

[sunny19831979]

My previous H1b was revoked on Dec 12 and my new employer filed a new h1b petition (WITH CONSULAR PROCESSING)  on Jan 22nd and it was approved on Jan 27th ( I have yet to get the 797 A in mail).

 

1) Do I need to go to India for H1b stamping?

 

2) Since I never left USA and I understand that I have been out of status, so could I request USCIS to get a i-94 from myself (or I need to ask my company's lawyer to get it for me, or my employer has to do it or I need my employer's approval?).

 

3) If I could get a new i-94 from USCIS then I need not leave for India, right?

[jairichi]

My previous H1b was revoked on Dec 12 and my new employer filed a new h1b petition (WITH CONSULAR PROCESSING)  on Jan 22nd and it was approved on Jan 27th ( I have yet to get the 797 A in mail).

 

1) Do I need to go to India for H1b stamping?

 

2) Since I never left USA and I understand that I have been out of status, so could I request USCIS to get a i-94 from myself (or I need to ask my company's lawyer to get it for me, or my employer has to do it or I need my employer's approval?).

 

3) If I could get a new i-94 from USCIS then I need not leave for India, right?

1. If it does not have I94 you need to go for H1B stamping if you do not have a valid H1B visa.

2. No.

3. You will not get that as you were out of status at the time of new employer's H1B filing.

[pontevecchio]

1. It would seem so.

2. The I94 cannot be requested by you.

3. NA.

 

Please get the 2 lawyers I suggested and lie low and listen to them.