H1-B extension incorrect i-94 problem

[omega77]

Hi All,

I have my H1-B paper ( 797 Approval, I think ) that is valid till April 2012 ad my employer was getting ready to file for extension.

But the employer found that my recent I-94 has been issued only till August 2011 end. This is because, I have the visa stamping with my previous employer in the passpost and that is till August 2011. And then when I went to India in June 2011, I did not get a new visa stamped since my old visa was still valid and then at port of entry, I got a I-94 till the old visa date.

I wasn't asked for the 797 approval notice at the time of interview. I know it is my mistake to have not checked the I-94.

Anyways, my employer says it is illegal for me to work now and I stopped. My employer is going to talk to the defered local office to see if they can re-issue my I-94 but says that it can go either way. They are planning to do premium processing of H1-B extension with a request to issue the H1-B from August 2011 so that I will have no gaps in status.

Also, another option suggested was to go to India or Canada and get the visa stamped with my current H1-B 797 notice if the I-94 cannot be corrected.

Can I go to Canada for visa stamping considering that I have a gap in status. Can anyone offer any suggestions on how this situation can be handled.

Thanks so much in advance.

[shervin143]

It is never advisable to go to any other country other than your home country to get the H1B stamped since you have accumulated illegal stay. The chances of a successful extension is very less. USCIS is never going to approve your petition with a new I-94.

[omega77]

Thank you shervin143 for your comments.

If I go to India, do I say that I am still employed by my current employer since I no longer work now.
Also, I did not know until yesterday that I am out of status from end of August and so have worked for the two months. Should I tell them that and also mention in the forms that I have been out of status in the US though it is seen that my I-94 is based on the old visa and not my current.

Thanks

[shervin143]

You can say that you are still employed with the current employer. If they ask any specific questions about your illegal stay, then explain them what really happened.

Thank you shervin143 for your comments.

If I go to India, do I say that I am still employed by my current employer since I no longer work now.
Also, I did not know until yesterday that I am out of status from end of August and so have worked for the two months. Should I tell them that and also mention in the forms that I have been out of status in the US though it is seen that my I-94 is based on the old visa and not my current.

Thanks