H1 transfer Denied and then approved with consular processing

[samfauzdar]

I was working for Employer A on a H1B with valid visa/i797/i94 till May 2018 decided to move(re-org in Employer A and job security issues) to Employer B , joined on a receipt instead of waiting for an approval (HUGE mistake!!) thinking at max there would be an RFE no big deal but after RFE the H1B COS was rejected saying job doesnt qualify for H1B

Meanwhile, my previous employer revoked my H1B petition. The new employer was very quick in dealing with this situation and said we had two options to file an appeal (MTR) or to file a new H1B consular notification in PP (based on previous approval). Since, the second option was fastest we went ahead with that.

I spoke to a couple of attorneys and all of them unanimously said since i have an i94 valid till May of 2018, i am not accruing any illegal presence in the US, however i cannot do a H1B COS/Transfer or work legally.

Luckliy, the client was very supportive and provided all the required documentation and the new approval came in 2 weeks. However, i could not start working until i get a new I94 for the newly approved H1B (I797B). Now, there were a couple of options provided here

1. Go to home country and return without stamping at show new approval at port of entry to get new I-94.

2. Go out of USA, not home country and re-enter with old visa and new approved i797B - Canada Mexico not included.

I am want to go with option 1 but want know if its safe to return without new stamping as my current stamped visa is till 30th may 2018?

[Kanth0045]

Hi,

Can you suggest me what you have done, as I'm also in simalr situation i got new approval with no I94 extension, present my I94 got expired so do i need to go to Home country or can travel to canad or mexico for stamping

[Kri90144]

Hi,

I am also in similar situation. But my I-94 is getting expired on june 24th and my attorney is saying that "while h1-b consular process is in progress you can stay in USA even though I-94 is expired." is that true? In future is there any problems with that at port of entry?

[Kri90144]

Hi,

I am also in similar situation. But my I-94 is getting expired on june 24th and my attorney is saying that "while h1-b consular process is in progress you can stay in USA even though I-94 is expired." is that true? In future is there any problems with that at port of entry?

I was working for Employer A on a H1B with valid visa/i797/i94 till May 2018 decided to move(re-org in Employer A and job security issues) to Employer B , joined on a receipt instead of waiting for an approval (HUGE mistake!!) thinking at max there would be an RFE no big deal but after RFE the H1B COS was rejected saying job doesnt qualify for H1B

Meanwhile, my previous employer revoked my H1B petition. The new employer was very quick in dealing with this situation and said we had two options to file an appeal (MTR) or to file a new H1B consular notification in PP (based on previous approval). Since, the second option was fastest we went ahead with that.

I spoke to a couple of attorneys and all of them unanimously said since i have an i94 valid till May of 2018, i am not accruing any illegal presence in the US, however i cannot do a H1B COS/Transfer or work legally.

Luckliy, the client was very supportive and provided all the required documentation and the new approval came in 2 weeks. However, i could not start working until i get a new I94 for the newly approved H1B (I797B). Now, there were a couple of options provided here

1. Go to home country and return without stamping at show new approval at port of entry to get new I-94.

2. Go out of USA, not home country and re-enter with old visa and new approved i797B - Canada Mexico not included.

I am want to go with option 1 but want know if its safe to return without new stamping as my current stamped visa is till 30th may 2018?

[Kri90144]

Hi,

Can you suggest me what you have done, as I'm also in simalr situation i got new approval with no I94 extension, present my I94 got expired so do i need to go to Home country or can travel to canad or mexico for stamping

Hi,

I am also in similar situation. But my I-94 is getting expired on june 24th and my attorney is saying that "while h1-b consular process is in progress you can stay in USA even though I-94 is expired." is that true? In future is there any problems with that at port of entry?

[venky398654]

Hi,

I am also in similar situation. But my I-94 is getting expired on june 24th and my attorney is saying that "while h1-b consular process is in progress you can stay in USA even though I-94 is expired." is that true? In future is there any problems with that at port of entry?

Can you please answer, how you handled this