H1B New Approved Petition and Expiring Visa

[ashutoash]

Hi. I have a new approved H1-B petition. My current visa stamp and I-94 end on Feb 1st. That's when my new petition starts. Are there any ways in which I can request an I-94 extension while staying in the US without crossing the border..like filling a I-539 form?

How I landed in this situation - I traveled out of the US to India after my H1-B petition was extended. When I came back, I was betting on CBP giving me a I-94 based on my new petition. This did not happen. Now, I was looking to go to Canada for a visa stamp but the first available date is Feb 22 which is 21 days after my visa expires. What are the options I have here, other than traveling to India? Appreciate all positive feedback and support.

[newacct]

Hi. I have a new approved H1-B petition. My current visa stamp and I-94 end on Feb 1st. That's when my new petition starts. Are there any ways in which I can request an I-94 extension while staying in the US without crossing the border..like filling a I-539 form?

How I landed in this situation - I traveled out of the US to India after my H1-B petition was extended. When I came back, I was betting on CBP giving me a I-94 based on my new petition. This did not happen. Now, I was looking to go to Canada for a visa stamp but the first available date is Feb 22 which is 21 days after my visa expires. What are the options I have here, other than traveling to India? Appreciate all positive feedback and support.

CBP should have admitted you based on the new petition. Try to get them to correct it.

[ashutoash]

CBP should have admitted you based on the new petition. Try to get them to correct it.

They should have, but the caveat is the new petition cannot be used to enter the US not at least 10 days before it's start date!