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H1 extension I797B instead of I797A?

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  • H1 extension I797B instead of I797A?

    Hi, I am currently in US on valid H1 and working...My employer applied for extension but for some reason I got I797B(without I94) even though it is same employer and just extension...

    1. could it have been a mistake from USCIS?

    2. Is there anyway we can appeal or reapply asking them to reissue as I797A?

    3. could it have been a wrong option chosen by the attorney in I-129?

    Please help...this has a huge impact for us.

  • #2
    1. could it have been a mistake from USCIS?
    >>> Get the copy of form I-129 and check if the employer requested a consular process. Was the extension filed well before your I-94 expiry date? It is hard to say why the petition got aspproved for consular process. Ask the lawyers to follow up with USCIS.

    2. Is there anyway we can appeal or reapply asking them to reissue as I797A?
    >>> When did you I-94 expire. When was the extension filed? Were you maintaining your H1B status when the extension was filed? Were latest payslips submitted while filing the extension. If everything is good, then the lawyer can appeal to get the I-94.

    3. could it have been a wrong option chosen by the attorney in I-129?
    >>> Possible. If that is the case and if your I-94 has laready expired, then leave the country and return back in H1B visa and the latest approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1. could it have been a mistake from USCIS?
      >>> Get the copy of form I-129 and check if the employer requested a consular process. Was the extension filed well before your I-94 expiry date? It is hard to say why the petition got aspproved for consular process. Ask the lawyers to follow up with USCIS.

      2. Is there anyway we can appeal or reapply asking them to reissue as I797A?
      >>> When did you I-94 expire. When was the extension filed? Were you maintaining your H1B status when the extension was filed? Were latest payslips submitted while filing the extension. If everything is good, then the lawyer can appeal to get the I-94.

      3. could it have been a wrong option chosen by the attorney in I-129?
      >>> Possible. If that is the case and if your I-94 has laready expired, then leave the country and return back in H1B visa and the latest approval notice.
      thanks shrevin, here are details you asked

      1. I have the copy of I-129 and I see the lawyer chose "notify the consulate so that the benef can get VISA" as requested action(is that the reason? as I would have thought "extend the stay" is the correct one).

      2. My I-94 expires July 29th, 2012..H1 petition is filed on June 18th under premium process with requested start date of Oct 15th, 2012 with same employer (based on pending PERM 365 days by then)...I was told by the attorney that I would get it with I-94 even though there is a gap as we are filing in US in H1 status. I am maintaining good H1 status and yes latest paystub submitted.

      3. If it can be appealed, any estimate on the ETA? days or weeks or more? (remember H1 was done on premium)

      Comment


      • #4
        1. I have the copy of I-129 and I see the lawyer chose "notify the consulate so that the benef can get VISA" as requested action(is that the reason? as I would have thought "extend the stay" is the correct one).
        >>> "Extend the stay" is the right option.

        2. My I-94 expires July 29th, 2012..H1 petition is filed on June 18th under premium process with requested start date of Oct 15th, 2012 with same employer (based on pending PERM 365 days by then)...I was told by the attorney that I would get it with I-94 even though there is a gap as we are filing in US in H1 status. I am maintaining good H1 status and yes latest paystub submitted.
        >>> It doesn't work that way. Your current I-94 expires on July 29th and you request a start date on the new petition to be Oct 15th, then the approval won't come with a new I-94. It is not considered to be an extension of stay if you are not requesting the new petition to be effective immediately after the current petition expiry date.

        3. If it can be appealed, any estimate on the ETA? days or weeks or more? (remember H1 was done on premium)
        >>> It won't work in your case. The approval by USCIS is correct. There cannot be a gap between your current status expiry date and the new effective date.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          itseems like the lawyer has screwed me big time with false info. few clarifications shrevin

          I work under EVC model and though my H1 expires July 29th, my current project is extended until next year. Now, I can work remotely which means I can continue to work from India on the same project during the gap of 2 months and if I come back after stamping, I still can continue on same project after Oct 15th.

          Q. during stamping, can I say I have taken 2 month vacation during this gap and will be returning to the same project from Oct 15th? or can I simply say that I am continuing to work remotely for the same project during this gap with my employer authorization?

          Q. Now after I go to India and attend the stamping, can I still use my Client Letter of the project I have been working until July 29th for Oct 15th H1 stamping? or will the VO assume(due it being a gap in H1) that since my job is technically over on July 29th, I would need to be coming with proof that I have a new project again starting Oct 15th with the same employer?

          Q. Basically, can I use the same project letters and details for the future H1 stamping also somehow as the gap is only 2 months?

          Q. Any other suggestion on how to cover this gap during stamping as I have the project for 1 more yr and can work remotely as well?

          ty very much.
          Last edited by gkr747; 06-28-2012, 07:51 PM.

          Comment


          • #6
            I work under EVC model and though my H1 expires July 29th, my current project is extended until next year. Now, I can work remotely which means I can continue to work from India on the same project during the gap of 2 months and if I come back after stamping, I still can continue on same project after Oct 15th.
            >>> Yes, you can do that.

            Q. during stamping, can I say I have taken 2 month vacation during this gap and will be returning to the same project from Oct 15th? or can I simply say that I am continuing to work remotely for the same project during this gap with my employer authorization?
            >>> You can mention that you are continuing to work for the same project. You are not doing anything illegal and there is no reason to to hide it from the VO.

            Q. Now after I go to India and attend the stamping, can I still use my Client Letter of the project I have been working until July 29th for Oct 15th H1 stamping? or will the VO assume(due it being a gap in H1) that since my job is technically over on July 29th, I would need to be coming with proof that I have a new project again starting Oct 15th with the same employer?
            >>> You will need a new client letter mentioning the project duration, your roles and responsibilities and the technologies used.

            Q. Basically, can I use the same project letters and details for the future H1 stamping also somehow as the gap is only 2 months?
            >>> As long as the date are mentioned stating that your project is available after Oct 15th, you are good. It is advisable to get a client letter that is not too old from your date of visa interview. You can attend the visa interview 90 days prior to the petition effective date.

            Q. Any other suggestion on how to cover this gap during stamping as I have the project for 1 more yr and can work remotely as well?
            >>> You don't have to cover up anthing if you continue to work remotely.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              I797B instead of I797A

              Hi,

              I have received my second H1B extension approval notice, however I received I797B which is without I94 details.
              I got my previous approval in Nov 2013 untill Nov 2014. In June 2014 I applied for this second approval and today we got the approval with I797B without I94.
              What could be the reason I got I797B instead on I797A.
              During this period I did not change my employer. Both these extensions are applied by same employer. I even did not leave US during this time frame. Currently I am in US.

              Could this be USCIS mistake? Or what are possible reasons for this?

              Can someone help on this or share their experiences.

              SKG

              Comment


              • #8
                The i797B validity is expiring on 30th Sep

                Hi,

                I am currently working for an IT -MNC in India. I got the H1b petition approval notice on Jan 2016 after responding to RFE in Oct 2015.

                The validity period mentioned on i797b is 1st Oct 2015 to 30th Sep 2016.

                Now I was going for stamping and after filling DS-160 form and applying for the interview, But the problem is that the next available interview date is 31st October which later than the expiry date.

                Kindly guide me what to do in this case. few questions I have are:

                1. is it possible to apply for i797b extension at all? can I even apply for extension after the date of expiry?
                2. Can I ask another employer to file for extension? what role can the current employer play if wants or does not want to extend?

                Thanks

                Comment

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