I-797B approved without i94, can i stay in USA till my recent i94 expires?

[naseer561]

Hi All,

i am in USA and i have i-94 valid till 2016.I recently filed h1b transfer my visa to new employer and started working with new employer.
Now i got my visa approved i-797b without i-94. Do i need to go back to india and come back with stamping or i can stay till 2016.

your replys are most valuable to me.

Thanks in advance.

[raghvi]

Hi All,

i am in USA and i have i-94 valid till 2016.I recently filed h1b transfer my visa to new employer and started working with new employer.
Now i got my visa approved i-797b without i-94. Do i need to go back to india and come back with stamping or i can stay till 2016.

your replys are most valuable to me.

Thanks in advance.

This is the reason why one should not join an employer without first getting the petition and associated I-94 approved first

Has your visa stamping in the passport expired?

I797 is not a visa it is only the approval notice for the petition. Visa, petition, I-94 are three different things.

You cannot work for your new employer, as the petition has got approved only with consular notification. So you should exit US and re enter. Since you already started working for them you are already accumulating out of status period.

This is my opinion not legal advice.

[vishal27580]

Hi naseer,

What action did you took?