H1B Extension

[Navatha]

Hello All,

My H1B extension was filed in normal processing 1 week before my H1B & I-94 expired, after 1.5 months it was upgraded to
premium and we received a RFE about employer-employee relationship.

The contract on the basis of which the H1B was filed ended 2 weeks later. So what are my options here.

Questions:

1) Once I find a new client, will I be able to amend the petition which in in process at the RFE stage.
2) Or should it be filed as new petition as a response to the RFE
3) If it is approved, will I get the I-94 attached to it?
4) If it goes into consular processing or if I-94 is not attached, can I go to Mexico/Canada for stamping or
will I need to go to India for stamping since my original I-94 & H1B are expired and I am in pending status.

Kindly help by answering.

Thanks,
Navatha

[binoca82]

3) If the extension of stay is approved, you will get an I94 with the approval notice.
4) If the approval comes without I94, your petition is approved for consualr processing and you are out of status since I94 expired. So it is advisable to leave US ASAP and get the visa stamped in your home country.