Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

I797B approved with EOS denial for CP

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I797B approved with EOS denial for CP

    Hi

    I am currently employed by Employer A and in USA on H1B since 15 Nov 2015. My current H1B is valid from 09 Nov 2015 until 31st May 2017. I have resigned from Employer A and accepted offer from Employer B. My last working day with Employer A is 17th Oct 2016 and I am joining Employer B from 18th Oct 2016.
    Employer B requested for Transfer of H1B from Employer A to Employer B with extension of stay. USCIS has approved I797B for Employer B from 27th Sep 2016 until 21st Aug 2019.
    However, EOS has been denied by USCIS due to below reason:

    "An EOS may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application or petition was filed. USCIS records indicates that the beneficiary departed the US on Aug 21, 2016. The instant petition was filed on Aug 23, 2016. The beneficiary was not present in the USA at the time of filing the petition.".

    On 21st Aug until 26th Aug 2016 I went to Canada for Employer A for the same client meeting on business visa. I was paid full salary in USA and I have all Paystubs till date.
    There is no discontinuation of service. Now I797B they USCIS mentioned that I need to go for CP in Hyderabad, India Consulate.

    Due to my ongoing work and continuation of service I can't travel to India and I am planning to go to Matamoros, Mexico for H1B stamping for Employer B on 18th Oct 2016.

    My questions are:
    1. On this process, is there any problem to go for Matamoros for H1B stamping for Consular Processing? or, Do I need to mandatorily go to Hyderabad, India for Visa stamping.
    2. Is there any chance of getting Visa stamping denied? I have all relevant documents ready with me - Employer B Verification letter, Employer A related all docs, W2, Tax Return, Bank Statements, Current Pay stubs, I797B, I129.
    3. If Matamoros Consulate issue me 221(g), in that case may I come back to USA as I have approved Visa until 31 May 2017. Also I have checked my current I94 is valid until 31 May 2017.
    4. May I join Employer B on 18th October 2016?

    Please help me.

    Thanks

  • #2
    Originally posted by susantaroy2007 View Post
    Hi

    I am currently employed by Employer A and in USA on H1B since 15 Nov 2015. My current H1B is valid from 09 Nov 2015 until 31st May 2017. I have resigned from Employer A and accepted offer from Employer B. My last working day with Employer A is 17th Oct 2016 and I am joining Employer B from 18th Oct 2016.
    Employer B requested for Transfer of H1B from Employer A to Employer B with extension of stay. USCIS has approved I797B for Employer B from 27th Sep 2016 until 21st Aug 2019.
    However, EOS has been denied by USCIS due to below reason:

    "An EOS may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application or petition was filed. USCIS records indicates that the beneficiary departed the US on Aug 21, 2016. The instant petition was filed on Aug 23, 2016. The beneficiary was not present in the USA at the time of filing the petition.".

    On 21st Aug until 26th Aug 2016 I went to Canada for Employer A for the same client meeting on business visa. I was paid full salary in USA and I have all Paystubs till date.
    There is no discontinuation of service. Now I797B they USCIS mentioned that I need to go for CP in Hyderabad, India Consulate.

    Due to my ongoing work and continuation of service I can't travel to India and I am planning to go to Matamoros, Mexico for H1B stamping for Employer B on 18th Oct 2016.

    My questions are:
    1. On this process, is there any problem to go for Matamoros for H1B stamping for Consular Processing? or, Do I need to mandatorily go to Hyderabad, India for Visa stamping.
    2. Is there any chance of getting Visa stamping denied? I have all relevant documents ready with me - Employer B Verification letter, Employer A related all docs, W2, Tax Return, Bank Statements, Current Pay stubs, I797B, I129.
    3. If Matamoros Consulate issue me 221(g), in that case may I come back to USA as I have approved Visa until 31 May 2017. Also I have checked my current I94 is valid until 31 May 2017.
    4. May I join Employer B on 18th October 2016?

    Please help me.

    Thanks
    USCIS needs you to be in valid status to approve a COS/EOS. They are stating discontinuation of status not discontinuation of service. Even if you had left on vacation outside US, the result would have been same. Hence always advisable to not travel while COS/EOS is pending.

    1. If it is your first H1 then you should go to home country.
    2. Visa denial is always a possibility. Do you have client letter for B (if working for an end client)?
    3. But you cannot work for B, you can only work for A. Mostly they cancel an existing visa, or to retain the passport while 221 is being processed.
    4. Without leaving US you cannot.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      USCIS needs you to be in valid status to approve a COS/EOS. They are stating discontinuation of status not discontinuation of service. Even if you had left on vacation outside US, the result would have been same. Hence always advisable to not travel while COS/EOS is pending.

      1. If it is your first H1 then you should go to home country.
      2. Visa denial is always a possibility. Do you have client letter for B (if working for an end client)?
      3. But you cannot work for B, you can only work for A. Mostly they cancel an existing visa, or to retain the passport while 221 is being processed.
      4. Without leaving US you cannot.

      This is my opinion not legal advice.

      Hi raghvi

      Thanks for your quick response. I was in touch with my new US employer B and they have sent me all documents to support my visa stamping - Like Client letter, Contract document between Employer B and Client, Employer Verification document and other relevant documents.

      I talked to Attorney and Attorney told me that Consular Processing asked by USCIS due to main reason was during my H1B transfer I was out of country for a week and USCIS can't determine whether I had any job during that one week period or, not. My employer A paid during that period and did I pay my tax or not?

      So, Attorney told nothing to worry I need to carry all documents related new employer B. I am booking an appointment in India home country and travelling for visa stamping.
      I want to get the Visa stamping done first from India and then on my return I would like to join Employer B.

      Do you think it good idea?

      Can anyone please share what question VO may ask in my situation?

      Thanks

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X