H1B Visa Petition Approved but Extention of Status Denied

[vegasvisa]

I received notice I-797B for Petition for Non immigrant worker has been approved for H1B classification. Immediately following that I received a letter stating that my extension for non immigrant status as an H-1B alien was denied because I was 1 month and a few days late in filing.

The approved I-129 petition has been forwarded to the Toronto, Canada Consulate. I am currently in the USA and would like my petition sent to the consulate in Los Angeles. Would I have to go to the Canadian consulate in Los Angeles to apply for my Visa? Do I fill out form I-824? Can I also apply for a green card and fill out form I-485?

I am not sure what to do at this point, my petition was approved but my immigration status is not valid.

I don't want to leave the US, I've lived here for 10 years, I love it here!!
I wish I was just born AMERICAN :-(

Please help!!!

[sairam_hb]

wish you were born american - thats a nice statement to make - so you arent proud of your nationality....

[kabkaba]

You need to Visit a US consulate in any country (Toronto preferred if you are Canadian) to get H1 Visa and return in H1 status. You should immediately stop working and leave the US asap to get this done. US consulates issue US Visas, Canadian consulates issue Canada's Visas.

[vegasvisa]

Where can I go in the US to do this? Anywhere on the West Coast?

[vegasvisa]

To answer your question Sairem, I would have rather been born an American so I would not have to go through this immigration ordeal every year and few years. America is the best country on earth!!! I am sure I would be much prouder of my nationality had I been born American!!!

[shervin143]

Did you read the previous reply properly? You will need to go to a U.S Consulate to get a U.S visa. You will find U.s Consulates in other countries. Not within U.S.

Where can I go in the US to do this? Anywhere on the West Coast?

[vegasvisa]

Hello Shervin,
Can I go to Tijuana to the US Consulate there?

[shervin143]

If your previous visa in the passport and the one you are seeking now are the same, then you can go to Tijuana. Otherwise it is not advisable to go to Mexico. Check the below link.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

Hello Shervin,
Can I go to Tijuana to the US Consulate there?

[vegasvisa]

Shervin,
Thanks so much for your help!!!
I was out of status for 1 month a few days but I do have a valid I-797 and ETA form currently, may I bring those to Tijuana to get my passport stamped (Visa)? What else should I bring? My approved I-129 form is in Toronto at the US Consulate there.

Also, am I able to apply for a green card once I get my H1B Visa approved? Which form would I fill out I-140 or I-485 to get my green card, or both simultaneously?

thanks, your help is very much appreciated!!

[vegasvisa]

Shervin,
Do I need to fill out the I-824 form at all? To have them forward the approved I-129 application from Toronto to Tijuana?
thanks!

[shervin143]

Search and read about the posts related to 221g. Did you go through the link that I posted in my previous reply? If Mexico is not your home country, then it is not advisable to go there for stamping when you have records of being out of status. You might get 221g and may get stuck until the admin process gets cleared.

For the list of documents required for stamping, check the below link
https://www.immihelp.com/h1-visa-stamping-documents/

Shervin,
Thanks so much for your help!!!
I was out of status for 1 month a few days but I do have a valid I-797 and ETA form currently, may I bring those to Tijuana to get my passport stamped (Visa)? What else should I bring? My approved I-129 form is in Toronto at the US Consulate there.

Also, am I able to apply for a green card once I get my H1B Visa approved? Which form would I fill out I-140 or I-485 to get my green card, or both simultaneously?

thanks, your help is very much appreciated!!

[vegasvisa]

Thanks for that information.
At this time would I be able to apply for my permanent residency? Apply for my Green Card by filling out form I-140 or I-485? And it would be easier if I went to a West coast office in Canada, can I have them send the approved I-129 form from Toronto to another consulate in Canada?
thanks again!!!