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H1B Petition with incorrect\old I-94 and travel information

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  • H1B Petition with incorrect\old I-94 and travel information

    Hi,

    I'm in USA currently in L1-B. My current employer (Company A) applied for this year's H1B quota and the petition status is in 'Post Decision Activity' and text below it says "On August 8, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. ". I have not got any information from my employer regarding this status or notice though.

    1) Does this status shows an approval of H1B? If yes, are there any other formalities remaining with USCIS and\or with my employer?

    I had travelled to India in Feb2013 for 3 weeks and returned in Feb. I got a new I-94 valid till Feb2015. (My previous(old) I-94 was expiring on July2013).
    My L1-B Visa got expired on 26April 2013.
    My employer filed a H1B application (COS L1B to H1B) in 04April2013.

    While looking at my H1B petition application documents, I just noticed that my employer made the below mistakes in the H1B petition application filed in April2013:
    (a) Form I-129 Part3 - 'Date of Last arrival', 'I-94 number' and 'Date Status expires' fields are wrong and shows the old I-94 number and dates(expired in July2013).
    (b) Form I-129 suppliment 'H' section 3 'List of prior periods of stay' does not show the gap in US staty due to 3 weeks of vacation in India in Feb2013.
    (c) In H1B application supporting documents copies --- I-94 copy along with H1B application is of old I-94(expired July2013), and NOT the latest\current one I got in Feb2013. Passport copy also do not have this travel dates\stamps.

    2) Will this cause any potential problems with my current H1B petition and\OR for future H1B VISA stamping OR for any future extension filing. If yes, please provide details. I'm wondering if I will end up travelling back to India because of this.

    3) Do I or my employer need to inform USCIS regarding this discrepancy? If yes, how and what all need to be done? Does these discrepancies need to be corrected and approved by USCIS before 01Oct2013?

    I am planning to apply H4 for my wife (who is currently in L2 with me in US).
    4) Will these discrepancies cause any problem with my wife's H4 application? Should her H4 application need to wait until the above things corrected?

    Please provide your valuable inputs and suggestions.

    Thank you,
    AP.
    Last edited by PapaVisa; 08-13-2013, 04:09 PM.

  • #2
    H1B Extension applied with old I94

    Hello,

    I am also in the same boat, My employer applied with old I-94, can you please let me know how did you correct the discrepancies.

    Originally posted by PapaVisa View Post
    Hi,

    I'm in USA currently in L1-B. My current employer (Company A) applied for this year's H1B quota and the petition status is in 'Post Decision Activity' and text below it says "On August 8, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. ". I have not got any information from my employer regarding this status or notice though.

    1) Does this status shows an approval of H1B? If yes, are there any other formalities remaining with USCIS and\or with my employer?

    I had travelled to India in Feb2013 for 3 weeks and returned in Feb. I got a new I-94 valid till Feb2015. (My previous(old) I-94 was expiring on July2013).
    My L1-B Visa got expired on 26April 2013.
    My employer filed a H1B application (COS L1B to H1B) in 04April2013.

    While looking at my H1B petition application documents, I just noticed that my employer made the below mistakes in the H1B petition application filed in April2013:
    (a) Form I-129 Part3 - 'Date of Last arrival', 'I-94 number' and 'Date Status expires' fields are wrong and shows the old I-94 number and dates(expired in July2013).
    (b) Form I-129 suppliment 'H' section 3 'List of prior periods of stay' does not show the gap in US staty due to 3 weeks of vacation in India in Feb2013.
    (c) In H1B application supporting documents copies --- I-94 copy along with H1B application is of old I-94(expired July2013), and NOT the latest\current one I got in Feb2013. Passport copy also do not have this travel dates\stamps.

    2) Will this cause any potential problems with my current H1B petition and\OR for future H1B VISA stamping OR for any future extension filing. If yes, please provide details. I'm wondering if I will end up travelling back to India because of this.

    3) Do I or my employer need to inform USCIS regarding this discrepancy? If yes, how and what all need to be done? Does these discrepancies need to be corrected and approved by USCIS before 01Oct2013?

    I am planning to apply H4 for my wife (who is currently in L2 with me in US).
    4) Will these discrepancies cause any problem with my wife's H4 application? Should her H4 application need to wait until the above things corrected?

    Please provide your valuable inputs and suggestions.

    Thank you,
    AP.

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