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Hi All -
Sorry this is going to be a lengthy one.
Have few questions regarding an H1 B transfer approval that was done recently for me.
I had to transfer to another company as my previous employers H1 Extension went into Security check and it was just taking awful amount of time ( Applied in Oct 2015 as regular and converted to Premium in first week of Jan 2016 as my i-94 was expiring in Jan 2016, end of month ) and I gave up on this extension to come out as approved and it is actually still pending adjudication ( as many folks who ran into security check were doing transfers and getting it approved, I went that route too ) and applied for a transfer from another employer as a direct hire no layers.
This transfer was applied before the 240 days of previous employers i-94 expiry ( end of Aug 2016 was the transfer initiated ) and I started to work with the new employer from Sep when we got RFE and I was 2 weeks away from reaching 240 days of i-94 expiry, the new companies attorney said I can work based on AC-21 rule or something...anyways the transfer got RFE asking for legal status and legal stay in USA etc and everything was sent to USCIS and it got approved in the next 2 weeks and email notification showed validity for I-94 dates as below:
10/19/16 as start date and expiry as 02/04/19 for the same i-94 number which I got the very first time when I came to USA for my Masters in 2007. I have been waiting for the hard copy as my attorney was saying sometimes the hard copy differs from the email approval notification and we just got it 2 days back..
My concerns / questions are:
1.
As my previous i-94 had date of Jan 2016 as end of validity wasn't the new i-94 should have been issued from 1st Feb 2016 ? this gap in i-94 is an issue? I spoke to company attorney and another attorney who is famous in immigration local to my area and they said it is a non issue , as USCIS has all the receipts and i-129 timely filing with them
2.
The hard copy we got from USCIS does not contain i-94 and it shows as consular processing is what my attorney was saying.. can the email notification which had i-94 dates in it and hard copy differ, is this possible ? or is it an error on USCIS which can be corrected ?
Attorney said they are going to send justification to USCIS so the correction on the hard copy approval can be changed and get a new one with proper i-94 dates on it.. again is it possible to get it corrected and will it get corrected ?
3.
Do I have to leave the country straight away for stamping or wait for the change that USCIS is going to do on hard copy approval ? Can I continue to work for my employer ?
Thanks for reading and being patient. Appreciate help from experts here.. I have appointments set with company and outside attorney's but it is not until next week I can talk to them so wanted to get any expert opinions and suggestions from here.
Thank You
Sorry this is going to be a lengthy one.
Have few questions regarding an H1 B transfer approval that was done recently for me.
I had to transfer to another company as my previous employers H1 Extension went into Security check and it was just taking awful amount of time ( Applied in Oct 2015 as regular and converted to Premium in first week of Jan 2016 as my i-94 was expiring in Jan 2016, end of month ) and I gave up on this extension to come out as approved and it is actually still pending adjudication ( as many folks who ran into security check were doing transfers and getting it approved, I went that route too ) and applied for a transfer from another employer as a direct hire no layers.
This transfer was applied before the 240 days of previous employers i-94 expiry ( end of Aug 2016 was the transfer initiated ) and I started to work with the new employer from Sep when we got RFE and I was 2 weeks away from reaching 240 days of i-94 expiry, the new companies attorney said I can work based on AC-21 rule or something...anyways the transfer got RFE asking for legal status and legal stay in USA etc and everything was sent to USCIS and it got approved in the next 2 weeks and email notification showed validity for I-94 dates as below:
10/19/16 as start date and expiry as 02/04/19 for the same i-94 number which I got the very first time when I came to USA for my Masters in 2007. I have been waiting for the hard copy as my attorney was saying sometimes the hard copy differs from the email approval notification and we just got it 2 days back..
My concerns / questions are:
1.
As my previous i-94 had date of Jan 2016 as end of validity wasn't the new i-94 should have been issued from 1st Feb 2016 ? this gap in i-94 is an issue? I spoke to company attorney and another attorney who is famous in immigration local to my area and they said it is a non issue , as USCIS has all the receipts and i-129 timely filing with them
2.
The hard copy we got from USCIS does not contain i-94 and it shows as consular processing is what my attorney was saying.. can the email notification which had i-94 dates in it and hard copy differ, is this possible ? or is it an error on USCIS which can be corrected ?
Attorney said they are going to send justification to USCIS so the correction on the hard copy approval can be changed and get a new one with proper i-94 dates on it.. again is it possible to get it corrected and will it get corrected ?
3.
Do I have to leave the country straight away for stamping or wait for the change that USCIS is going to do on hard copy approval ? Can I continue to work for my employer ?
Thanks for reading and being patient. Appreciate help from experts here.. I have appointments set with company and outside attorney's but it is not until next week I can talk to them so wanted to get any expert opinions and suggestions from here.
Thank You
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