Hi,
I would like to hear any advise.
I got I-797B on H1B transfer since 4months out of status between job.
it noted that below;
"since the worker has been found ineligible for an extension of stay,
we have sent notification to the consulate shown above.
if a visa is issued, upon admission in this classification the worker
will be authorized to be employed by the petitioner for the authorized
period pursuant to the terms and conditions of the petition."
I visited to be advised about my situation.
they advised me that my company needs to file I-539 form on behalf of me in order to get approval my extension of stay.
I called to customer service of USCIS, and they informed me that I need to file I-539, instead of my company, even though I am a H1B holder.
Question
1. as I research, I-539 is for dependent of H1B, not H1B holder.
however USCIS customer service said, I-539 is for all non-immigration visa.
can I file I-539 for myself even though I-797B said 'found ineligible for an extension of stay'?
is there any possibility to get approval on it, even though I-129 denied to extension of stay?
2. Am I authorized to work this company on I-797B since I-797B said
'if a visa is issued,'? am I not authorized to work if I don't have new visa on my passport?
however USCIS customer said I got authorized to work until I-94 expire.
I am looking forward to hearing your advise.
thank you
I would like to hear any advise.
I got I-797B on H1B transfer since 4months out of status between job.
it noted that below;
"since the worker has been found ineligible for an extension of stay,
we have sent notification to the consulate shown above.
if a visa is issued, upon admission in this classification the worker
will be authorized to be employed by the petitioner for the authorized
period pursuant to the terms and conditions of the petition."
I visited to be advised about my situation.
they advised me that my company needs to file I-539 form on behalf of me in order to get approval my extension of stay.
I called to customer service of USCIS, and they informed me that I need to file I-539, instead of my company, even though I am a H1B holder.
Question
1. as I research, I-539 is for dependent of H1B, not H1B holder.
however USCIS customer service said, I-539 is for all non-immigration visa.
can I file I-539 for myself even though I-797B said 'found ineligible for an extension of stay'?
is there any possibility to get approval on it, even though I-129 denied to extension of stay?
2. Am I authorized to work this company on I-797B since I-797B said
'if a visa is issued,'? am I not authorized to work if I don't have new visa on my passport?
however USCIS customer said I got authorized to work until I-94 expire.
I am looking forward to hearing your advise.
thank you
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