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  • H1b, i-797b, i-539

    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

  • #2
    Originally posted by sugarh View Post
    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
    Seems your COS to H1 was not approved. Please provide more background on your case. On what visa did you enter US? Whats your current status now? When was the expiry of your last I-94? When did you apply for a i129?

    Comment


    • #3
      Need more information

      Seems like you were not paid when you were in H1 status in US. That has caused the issue. As far as I know I539 will also not help you. I539 is for changing from one non immigrant status to another apart from Changing to H1B. To be eligible for change of status you need to be continuously in status which has not happened in your case. Please consult an attorney. This is what I understood from the information provided. You can give more information as asked by Raghavi so that people can help you out.

      This is just an opinion and not a legal advice and I am no attorney. I am somebody who is on H4 and reads all these things.


      Originally posted by sugarh View Post
      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

      Comment


      • #4
        Originally posted by raghvi View Post
        Seems your COS to H1 was not approved. Please provide more background on your case. On what visa did you enter US? Whats your current status now? When was the expiry of your last I-94? When did you apply for a i129?
        hi, Raghvi
        as I mentioned 'H1B transfer', I am H1B holder and I-129 was approved without extension of stay. approved at Dec. 2. 2013
        my I-94 will be expired at April 30, 2014.

        thank you

        Comment


        • #5
          Originally posted by sugarh View Post
          hi, Raghvi
          as I mentioned 'H1B transfer', I am H1B holder and I-129 was approved without extension of stay. approved at Dec. 2. 2013
          my I-94 will be expired at April 30, 2014.

          thank you
          Well the reason is quite obvious in your post itself "4months out of status between job", once you are out of status a COS/EOS would not be granted. One applies Extension/COS through both form I539 (to change or extend ones stay) and I129 (petition for immigrant worker). I 539 approval gets you a new I-94 with extended date, I129 approval gets you the I797A.

          I797B means your I129 was approved but extension wasnt granted hence you cannot work on I797B. You need to leave US and re enter. If you leave and re enter US before your visa expiry, using the I797B you would get a new I-94 at the Port of Entry.

          If you leave after your visa expiry, you would need to get a new visa stamped in your passport by scheduling an interview at a US consulate using the I797B and .

          This is my opinion not legal advice.

          Comment


          • #6
            Originally posted by raghvi View Post
            Well the reason is quite obvious in your post itself "4months out of status between job", once you are out of status a COS/EOS would not be granted. One applies Extension/COS through both form I539 (to change or extend ones stay) and I129 (petition for immigrant worker). I 539 approval gets you a new I-94 with extended date, I129 approval gets you the I797A.

            I797B means your I129 was approved but extension wasnt granted hence you cannot work on I797B. You need to leave US and re enter. If you leave and re enter US before your visa expiry, using the I797B you would get a new I-94 at the Port of Entry.

            If you leave after your visa expiry, you would need to get a new visa stamped in your passport by scheduling an interview at a US consulate using the I797B and .

            This is my opinion not legal advice.
            thank you Raghvi for your opinion.
            those are what I know about, but as my call to customer service that i can work for this company since I-129 was approved, but not over the time my I-94 expire.
            what I want to know is if it is ok to me, H1B holder, to file I-539 to extension of stay and get new I-94.

            Comment

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