Issue during Change of Employer - Wrong assumption of previous employment termination

[rajji_p]

Hi,
Recently I changed my employer. My new employer filed for H1 on May 3. But i was continuing with my previous employer until June 30th. On July 1st i got approval from USCIS for my new H1.
Unfortunately it approved for only 3 months because my previous h1 was about to expire in 3 months. USCIS denied for extension for the following reason.
" They said my previous employer terminated employment on Mar 31st (as per their records), and new I-129 is filed on May 3. So i stayed in US illegally for 1.5 months." They already sent this information to all consulates.

Questions :
1) Is it going to create any issue in the future when i go to attend visa interview?
2) Do i need to go back to INDIA and apply for an extension then enter into US with new Visa?
3) I am assuming USCIS made a mistake based on the information i have. Is it possible?
-- Salary stubs from previous employer for Apr, May and June.
-- My I-140 applied and approved in month of June.
-- My wife went to Hyderabad Consulate for H4 visa interview on Mar 24 and entered into US on Apr 1st (They are saying emp was terminated on Mar 31). In Port of entry officer should ask her about my employment termination.

Please provide any comments/suggestions.

Thanks in advance.

[txh1b]

Hi,
Recently I changed my employer. My new employer filed for H1 on May 3. But i was continuing with my previous employer until June 30th. On July 1st i got approval from USCIS for my new H1.
Unfortunately it approved for only 3 months because my previous h1 was about to expire in 3 months. USCIS denied for extension for the following reason.
" They said my previous employer terminated employment on Mar 31st (as per their records), and new I-129 is filed on May 3. So i stayed in US illegally for 1.5 months." They already sent this information to all consulates.

Questions :
1) Is it going to create any issue in the future when i go to attend visa interview?
2) Do i need to go back to INDIA and apply for an extension then enter into US with new Visa?
3) I am assuming USCIS made a mistake based on the information i have. Is it possible?
-- Salary stubs from previous employer for Apr, May and June.
-- My I-140 applied and approved in month of June.
-- My wife went to Hyderabad Consulate for H4 visa interview on Mar 24 and entered into US on Apr 1st (They are saying emp was terminated on Mar 31). In Port of entry officer should ask her about my employment termination.

Please provide any comments/suggestions.

Thanks in advance.

You have to leave US immediately if the I-94 was not attached to your approval. If you already have a valid visa, you can enter using that and new approved I797. If not, you have to attend visa at a consulate and get approved. You be clear in answering all questions. Do not try to prod and answer questions not asked of you. Be specific and answer to the point.

[rajji_p]

It seems to be somehow USCIS made a mistake with wrong assumption or wrong information. So in this case not sure why do i need to go back to INDIA. I am assuming if i planned to go back, it means i agreed it was an illegal stay in April.