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H1b transfer without approval notice

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  • H1b transfer without approval notice

    My i-94 and h1b visa expired in end 2006. Before expiry my employer applied for h1b extension. The extension got approved in early 2007 but the extension papers got lost in post , i never received them. Now i have applied for a duplicate copy of the extension notice (and hence the valid i-94 attched with it too). I want to change my empoyer now without waiting till i get the duplicate copy of h1b extension approval. What documents will i have to submit to uscis for h1b transfer since my current i-94 in passport has already expired?

  • #2
    Originally posted by AnandSharma
    My i-94 and h1b visa expired in end 2006. Before expiry my employer applied for h1b extension. The extension got approved in early 2007 but the extension papers got lost in post , i never received them. Now i have applied for a duplicate copy of the extension notice (and hence the valid i-94 attched with it too). I want to change my empoyer now without waiting till i get the duplicate copy of h1b extension approval. What documents will i have to submit to uscis for h1b transfer since my current i-94 in passport has already expired?
    One thing you may want to check with your existing employer is if at all he got a COPY of your H1 Extension, you can proceed with it.
    Please make sure that using the H1 Extension copy along with the application for the duplicate H1 request (and pending status) for any further processing with the new employer.

    Again, if you are able to secure your H1 Extension copy, that will carry the updated I-94 at the bottom of that (I-797 - Notice of Action).

    Again, my advice is not useful, if you can not secure at least the copy of the H1 Extension. In general, all employers will keep a copy of such documents, try your luck.

    Also if you have the Receipt number of your H1 Extension application, go online and get the status on the USCIS web page. Get a print out of that and use it as an interim approval proof.

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    • #3
      hi mr.Anand,

      my situation is same as yours.. my h1 extension got approved in jan07.. my employer has lost the original 797 (attached i-94). He even doesnt have a copy of it with him..
      Im planning to apply for a duplicate.
      Can you tell me when did you apply for a copy of duplicate I-797? do you know the expected timeline for this application?

      thanks

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