Urgent - H1 Transfer with I-797B instead of I-797A

[aone999]

I entered in Aug 20th on H1 of Company A (Valid till Sep 2009) and was issued I-94 with a validity till 2010. I did not join this company, though I am maintaining good relation with them.

I transferred H1 to Company B on Oct 15th. New employer didn't check Change Of Status (in I-129) and asked for a consulate stamping(Mumbai) - they did this 'cause they feared petetion will not be approved since I do not have paystubs from prev. employer.I already started working for new employer and my project is till Apr-2008 and most likely to be extended.

Now, USCIS gave me I-797B (with no I-94 attached) instead of usual I-797A. No consulate name was mentioned in the I-797B. Employer's Attorney says that I should have left to India for stamping long back (neither them nor my Employer told me this before). They are asking me to go to india and get my visa stamped in the passport.

What is my current legal status? I have a valid I-94 (from previous employer) till 2010. Can I continue working on that or should I leave immediately?

If I go to India, do I have to go for stamping again?

[aone999]

Can seniors help me please? employer is harassing me to go to India for stamping. I also would like to go and bring my family, but I dont know if I really have to get stamped at the consulate(Mumbai).

My I-797B Notice of Action does not have any consulate name on it - though employer specified "Mumbai" in I-129

[Subramanya]

H1 and I-94

I entered in Aug 20th on H1 of Company A (Valid till Sep 2009) and was issued I-94 with a validity till 2010. I did not join this company, though I am maintaining good relation with them.

I transferred H1 to Company B on Oct 15th. New employer didn't check Change Of Status (in I-129) and asked for a consulate stamping(Mumbai) - they did this 'cause they feared petetion will not be approved since I do not have paystubs from prev. employer.I already started working for new employer and my project is till Apr-2008 and most likely to be extended.

Now, USCIS gave me I-797B (with no I-94 attached) instead of usual I-797A. No consulate name was mentioned in the I-797B. Employer's Attorney says that I should have left to India for stamping long back (neither them nor my Employer told me this before). They are asking me to go to india and get my visa stamped in the passport.

What is my current legal status? I have a valid I-94 (from previous employer) till 2010. Can I continue working on that or should I leave immediately?

---- You have to have a I-94 based on your current employer. For this you may have to go to India to get the Visa stamped on your Passport, return to the US and get a fresh I-94 at the POE

If I go to India, do I have to go for stamping again?

---- Yes, if you do go to India, you have to get Visa stamping on your Passport by seeking a Visa interview at one of the US consulates in India as you will be submitting your current I-94 at the Airport while leaving the US

Subramanya