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H approved but Extension of Status Denied

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  • H approved but Extension of Status Denied

    I used my EAD when I started working for my company and they filed for my H1B transfer. I prefer to stay on H instead of EAD.

    I got this i797 letter in Mar. It says H1B was approved till Aug 2019 but Extension of Status was denied.

    "The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination."

    I have an EAD/AP valid till Feb 2019.

    Here are my questions:

    1. I do not need to leave US and can continue working on EAD. I am not out of status. Correct?
    2. Can I stamp anytime during the H1B validity period (till Aug 2019)?
    3. Can I use my AP for travel outside of US for vacation and come back and then later stamp my visa anytime during the H1B validity period in India so that I would be on H1B status eventually.

    TIA!
    Last edited by hippy2981; 04-14-2017, 03:17 AM. Reason: fixed content

  • #2
    1. yes
    2. yes
    3. yes

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      additional content

      The I797 sent to the company has listed MUMBAI consulate for stamping my visa.

      "Since the worker(s) has (have) been found eligible for an extension of stay, we have sent notifcation to the consulate shown above. If you have any questions about visa issuance, please contact the consulate directly."
      ...
      "If any of the named worker(s) will apply for a visa at a consulate other than the one listed above, the petitioner should file Form I-824, Application for Action on an Approved Application or Petition, to request us to notify the new consulate."

      1. Is it too risky if I go to a different consulate (say Vancouver) for stamping? I wanted to know if anybody has done that (filed form I-824) without issues?
      2. If for some reason I'm denied or given form 221(g) during stamping, can I then use my AP (valid till Feb 2019) to enter US?

      TIA!

      Comment


      • #4
        I am in the same boat, i was out of the country when the H1B extension was filed, i entered on AP , I am wondering can i continue to be on h1B status but not have H1b Visa?


        Please share what is your plan ?

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