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H1B amendment approved but extension of stay not granted.

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  • H1B amendment approved but extension of stay not granted.

    Hello!

    My situation is quite complicated. But Any opinion on this will help.

    I work for a Bangalore based consultant company. I was supposed to travel to a client location in San Jose, CA but because of the delay in getting H1B VISA from consulate I lost the project. My company filed amendment(Non Premium) for working at new client place in Austin,Tx and asked me to travel without the amendment being approved. I traveled 1st Aug 2016 to Austin with just the amendment reciept (without the approval notice.)

    After 6 months (Feb 2017) Attorney received the approval notice which says Amendment is approved but extension of stay not granted. They have mentioned the reason as "Benificiary was not physically present in US at the time of filing extension of stay"

    My employer and attorney asked me to travel outside the country and return to get a new I94. I did same in march 2017 and 4 after my exit and reentry i have received one more approval notice which says its approved but extension of stay not granted. My employer hold that this new notice is a dulpicate and has arrived by mistake.

    Now my concerns are
    1) The amendment approval notice which came in feb has validity starting from Feb 2017 - March-2018 for Austin location
    I was working in austin starting from Aug 2016 itself, which is not covered in the amendment. so my stay from Aug 2016 - Jan-2017 is illegal ?
    2) After my exit and reentry to get a new I94 in march, the new approval notice which i received ( which says "petition is approved but extension of stay is not granted") invalidates the exit-reentry and new I94 ?
    3) What consequences these things have on my next extension which needs to be filed before March 2018.

  • #2
    Originally posted by daypoojari View Post
    Hello!

    My situation is quite complicated. But Any opinion on this will help.

    I work for a Bangalore based consultant company. I was supposed to travel to a client location in San Jose, CA but because of the delay in getting H1B VISA from consulate I lost the project. My company filed amendment(Non Premium) for working at new client place in Austin,Tx and asked me to travel without the amendment being approved. I traveled 1st Aug 2016 to Austin with just the amendment reciept (without the approval notice.)

    After 6 months (Feb 2017) Attorney received the approval notice which says Amendment is approved but extension of stay not granted. They have mentioned the reason as "Benificiary was not physically present in US at the time of filing extension of stay"

    My employer and attorney asked me to travel outside the country and return to get a new I94. I did same in march 2017 and 4 after my exit and reentry i have received one more approval notice which says its approved but extension of stay not granted. My employer hold that this new notice is a dulpicate and has arrived by mistake.

    Now my concerns are
    1) The amendment approval notice which came in feb has validity starting from Feb 2017 - March-2018 for Austin location
    I was working in austin starting from Aug 2016 itself, which is not covered in the amendment. so my stay from Aug 2016 - Jan-2017 is illegal ?
    2) After my exit and reentry to get a new I94 in march, the new approval notice which i received ( which says "petition is approved but extension of stay is not granted") invalidates the exit-reentry and new I94 ?
    3) What consequences these things have on my next extension which needs to be filed before March 2018.

    If anyone can provide suggestions, would help a lot.

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    • #3
      Anyone having similar issue/ anyone who understands the scenario, please comment.

      Comment

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