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H1B approved without I-94

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  • H1B approved without I-94

    I have very odd situation. I?m working with my current employer for last 6 years as full time employee at same location. On month June,2018 my employer filled my h1b renewal (2nd renewal after 6 years of H1B with I-140 approved ) with premium processing. My H1b renewal got approved but extension of stay got denied. I have received I797B with no I-94. But the strange thing is my wife I-539 got approved with extended I-94 and even her H4 EAD got approved too. My lawyer haven?t received the denial notice yet but mean time we found that my current I-129 has typo with my previous approved petition# instead of EAC it said FAC . I?m not entirely sure if that caused any issue as denial notice is yet to receive.


    Now I have few dilemmas

    1> Can my employer/lawyer file MTR ( Motion to Reopen/Reconsider)
    2> How long MTR takes to process as my current I-94 is valid till 10th October and is there any process to escalate
    3> What Is the success rate of MTR
    4> If I decide to go consulate interview then do my wife also needs to go for interview (She has approved h4 with extended I-94)
    5> My new petition begin from 11th October and old petition is valid till 30th October, Can I go visa interview on month July or August (I have valid visa stamp till 30th oct with old petition)
    6> With reference of my question 5, If decide to go on July or August for visa stamping then what petition# I need to give in DS-160 ? both or only the new one

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