H1B Extension of Status Denied

[vijay_yajiv]

Unfortunately I have had ended up in an unpaid period between 4/30/13 and 7/28/13 because of which my change of employer H1B petition has been approved but my extension of status is not. 

 

I have an H1B visa stamped in my passport valid until 9/14/14 from my previous to previous employer name on it. It was my understanding that I could travel out and back in to the US to obtain a new I-94 using the latest I-797 to fix the problem. However my employer attorney insists that I must travel to India as soon as possible to have my visa stamped in my passport. He states that I was out of status because of the unpaid period which needs a new visa stamping in India. 

 

My wife's H4 extension has been denied understandably as my H1B extension of status is denied.

 

Could you kindly advise if I need a new stamping in India and why I cannot use my existing visa to admit back into the states and request a new I-94. I have a 7 month old baby which scares us to take a long flight to India.

 

If you advise it is necessary to get a new visa stamp should I be able to try to re-enter from a neighboring country as an interim fix to get an I-94 and then travel to India in couple of months when we are better prepared with our baby. Thanking you.

 

Sincerely

[t75]

Your baby excuse is absurd.  If you did not want to take a long flight with an infant, you should have considered that before coming to the US and having a child. Grow up.
 

If your visas are valid, you normally just need to exit and reenter. However, the attorney advising you has information not available to the forum and you should follow the advice he/she has given you.

 

By the way, three months out of status is irresponsible. Whatever inconvenience you suffer is because you violated the rules governing your H1B status in the US. You get no sympathy here.

[jairichi]

 

Unfortunately I have had ended up in an unpaid period between 4/30/13 and 7/28/13 because of which my change of employer H1B petition has been approved but my extension of status is not. 

 

I have an H1B visa stamped in my passport valid until 9/14/14 from my previous to previous employer name on it. It was my understanding that I could travel out and back in to the US to obtain a new I-94 using the latest I-797 to fix the problem. However my employer attorney insists that I must travel to India as soon as possible to have my visa stamped in my passport. He states that I was out of status because of the unpaid period which needs a new visa stamping in India. 

 

My wife's H4 extension has been denied understandably as my H1B extension of status is denied.

 

Could you kindly advise if I need a new stamping in India and why I cannot use my existing visa to admit back into the states and request a new I-94. I have a 7 month old baby which scares us to take a long flight to India.

 

If you advise it is necessary to get a new visa stamp should I be able to try to re-enter from a neighboring country as an interim fix to get an I-94 and then travel to India in couple of months when we are better prepared with our baby. Thanking you.

 

Sincerely

 

If your attorney insists that you need stamping then better to do so. Having a 7 month old baby to travel is no excuse. Do not worry the baby will be fine.

[rahul412]

Do whatever your attorney suggested.