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I have come to USA on H1B through company A in March 2008 and my visa, passport & I-94 was valid until sept 2010.
I have transfered H1b VISA to company B in Jan 2009 and I got approved until July 2009 since I got a project for 6 months.
At this time my I-94 has also to changed it's expiry date to Jul 2009.
Since my project got extended I have applied for Petition extension and I-94 extension in July 2009 one week before expiry date.
USCIS came back to my employer saying "you paid Fraud fee second time which is NOT required". Then my attorney re-submitted the
application without fraud fee. By that, time my I-94 & petition got expired by 3 days. Then USCIS accepted the application
and issued a receipt notice on that day which is 3 days later than my I-94 & Petition expired date.
USCIS took 3 months to process the application and approved my petition until 2012 & issued approval notice 1 week ago without new I-94.
Since extension receipt date is 3 days later than I-94 expiry date, they consider me as "OUT OF STATUS".
As per my attorney, I have to travel internationally to get my new I-94.
So, I am planning to go to San Diego, CA and cross the border into Mexico & take U turn to enter to USA.
Q. 1) Will I get new I-94 if return from mexico by road?
2) Is this process/trip safe/legal to do? Will there any issue while coming back?
Your suggestions & comments will be appreciated.
Thanks,
-Raj
I have transfered H1b VISA to company B in Jan 2009 and I got approved until July 2009 since I got a project for 6 months.
At this time my I-94 has also to changed it's expiry date to Jul 2009.
Since my project got extended I have applied for Petition extension and I-94 extension in July 2009 one week before expiry date.
USCIS came back to my employer saying "you paid Fraud fee second time which is NOT required". Then my attorney re-submitted the
application without fraud fee. By that, time my I-94 & petition got expired by 3 days. Then USCIS accepted the application
and issued a receipt notice on that day which is 3 days later than my I-94 & Petition expired date.
USCIS took 3 months to process the application and approved my petition until 2012 & issued approval notice 1 week ago without new I-94.
Since extension receipt date is 3 days later than I-94 expiry date, they consider me as "OUT OF STATUS".
As per my attorney, I have to travel internationally to get my new I-94.
So, I am planning to go to San Diego, CA and cross the border into Mexico & take U turn to enter to USA.
Q. 1) Will I get new I-94 if return from mexico by road?
2) Is this process/trip safe/legal to do? Will there any issue while coming back?
Your suggestions & comments will be appreciated.
Thanks,
-Raj
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