Got I-797B with out I-94, but my dependents did not get petition, still in process

[gcchowdary]

Hi ,

I am in US on h1B with one employer and petition and i-94 valid till may 31st , when I applied for H1B extention with a new employer on April, i got I797-B without I-94 on june 1st .
they applied H4's for my dependents , till now we did not get them. Do we (me and my dependents) need to go to India at a time for stamping with my I-797B petition or i need to go alone and then attend the visa stamping interview ?

Do i need to wait until we get H4 petitions for dependents ? please let me know the details.

Thanks
G C Chowdary

[shervin143]

Your post is very confusing. Extension is something that you file with the same employer. If you filed a petition with a different employer, then it is called as a transfer. Did your current employer file an extension? Or you just filed a transfer? With which employer are you currently working?

[gcchowdary]

Got I-797B with out I-94, but my dependents did not get petition, still in process

Sorry for the confusion.

I have h1b visa and I-94 till may 31st with employer A , employer B has filed for h1b transfer on April, I got I797-B without I-94 on June 1st . now I am with employer B.

they applied H4's for my dependents , till now we did not get them. Do we (me and my dependents) need to go to India at a time for stamping with my I-797B petition or i need to go alone and then attend the visa stamping interview ?

Do i need to wait until we get H4 petitions for dependents ? please let me know the details.

Thanks
G C Chowdary

[shervin143]

Not sure why you got I-797B. You would get that if employer B purposely filed the petition for consular process or you were out of status (No recent payslips) when you filed the transfer from Employer A to B. Whatever might be the reason, you need to leave the country as soon as possible to avoid accumulating more illegal stay. You don't need to wait for your dependents H4 petition approval. Your option now is to leave the country with your dependents immediately and re-enter back using the recent approved I-797B to get I-94 at the POE. You will need a valid H1B visa and your dependents need valid H4 visa to re-enter. Getting the visa approved will become a problem if you accumulate more illegal stay.

Sorry for the confusion.

I have h1b visa and I-94 till may 31st with employer A , employer B has filed for h1b transfer on April, I got I797-B without I-94 on June 1st . now I am with employer B.

they applied H4's for my dependents , till now we did not get them. Do we (me and my dependents) need to go to India at a time for stamping with my I-797B petition or i need to go alone and then attend the visa stamping interview ?

Do i need to wait until we get H4 petitions for dependents ? please let me know the details.

Thanks
G C Chowdary

[gcchowdary]

Got I-797B with out I-94, but my dependents did not get petition, still in process

it is because of bad documentation by my employer.

what type of questions would they ask at visa interview in this case....

- - - Updated - - -

Thanks Shervin143....for your suggestion.

[shervin143]

Regular questions. If you have accumulated illegal presence, mention that while filing DS160 and write the reason. Mention clearly that once you got I-797B, you immediately left the country. It will not have any impact if you are honest while filing DS160 and if you do not accumulate a lot of illegal stay from the date of receiving I-797B. Advisable to keep it less than 15 days.

it is because of bad documentation by my employer.

what type of questions would they ask at visa interview in this case....

- - - Updated - - -

Thanks Shervin143....for your suggestion.

[gcchowdary]

Hi Shervin

I am planning to go next week for visa interview at Hyderabad in India. my I-94 accumulates 40 days by that time I attend interview as my I-94 expired on 31st May.
( I was blessed with a baby girl on 31st may , that's the reason I could not able to plan my travel immediately in 15 days, now I am done with all my documents)
Can you please answer the below questions:


1) my dependents H4 got denied as I got I-797B without I-94. now they are also coming with me for visa interview with my new I797B petition, is that Fine ? will that work ?
2) will they give I-94 this time from june 1st or the date I enter US ? If so I-94 Gap will be there , will it be a problem in the future ?
3) will they understand my situation why I stayed 40days even after expiry of I-94 and agree at the time of visa interview , if I produce all the documents ?

Please help me replying my questions.

Thanks
G C Chowdary

[shervin143]

1) my dependents H4 got denied as I got I-797B without I-94. now they are also coming with me for visa interview with my new I797B petition, is that Fine ? will that work ?
>>> It is actually better to the take the visa interview together as a family.

2) will they give I-94 this time from june 1st or the date I enter US ? If so I-94 Gap will be there , will it be a problem in the future ?
>>> I-94 will be issued when you re-enter U.S. It will be issued from the date you enter U.S until the expiry date of your petition. So the I-94 cap will always be there. Whether it will cause issues with your future petitions are not, well, no one can predict that. Illegal stay can definitely cause issues. If there are RFEs with future petitions, you might need to justify the reason for illegal stay.

3) will they understand my situation why I stayed 40 days even after expiry of I-94 and agree at the time of visa interview , if I produce all the documents ?
>>> Very hard to predict. It totally depends on the visa officer. If you did not leave the country immediately because of the child birth, then have documents to support that.

[gcchowdary]

Thanks Shervin !!

[vishal27580]

Shervin:

I am in same situation, how did your interview go and what was outcome? can you please share your experience.

Thanks you

[vishal27580]

I am planning to go next week for visa interview at Hyderabad in India. my I-94 accumulates 40 days by that time I attend interview as my I-94 expired on 31st May.
( I was blessed with a baby girl on 31st may , that's the reason I could not able to plan my travel immediately in 15 days, now I am done with all my documents)
Can you please answer the below questions:


1) my dependents H4 got denied as I got I-797B without I-94. now they are also coming with me for visa interview with my new I797B petition, is that Fine ? will that work ?
2) will they give I-94 this time from june 1st or the date I enter US ? If so I-94 Gap will be there , will it be a problem in the future ?
3) will they understand my situation why I stayed 40days even after expiry of I-94 and agree at the time of visa interview , if I produce all the documents ?

Please help me replying my questions.

Thanks
G C Chowdary

G C Chowdary:

did you attend visa interview?
Where did you go? and what were questions asked?
what was outcome?