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  • H1B Transfer approved / I-94 expiring

    Hi All,

    Last time when I entered into USA, they give me I-94 which is valid up to Sep 2009. Now I transferred my visa to new company. I have received approved 797C, Notice of Action which is valid to Aug 2011.

    The approved Notice of Action does not have I-94 enclosed and I do not have plan to go to India before Sep 2009.

    My questions are:

    1) Am I required to go back before Sep 2009 since I-94 and old visa are expiring on Sep 2009?
    2) How can I apply for extension of I-94 staying in USA only?

    Thanks,
    Mahesh

  • #2
    I797C is just a receipt.

    Notice of approval of H1b will be I797A (attached I-94) or I797B (No-i94)

    If you get a I797B on a transfer, you have to stop working for the new employer (if you already started) and go out and get a new visa stamped (if your visa already expired), get a new I-94 at POE. Working for new employer after denial of an extension of stay is illegal.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      txh1b, Thank you for quick reply.

      KINDLY READ QUESTION ONE MORE TIME AND PLEASE REPLY.

      Originally posted by txh1b
      I797C is just a receipt.

      Notice of approval of H1b will be I797A (attached I-94) or I797B (No-i94)

      > Its not new visa. I transferred old visa to to new employer while being in USA only and have received I-797C.

      If you get a I797B on a transfer, you have to stop working for the new employer (if you already started) and go out and get a new visa stamped (if your visa already expired), get a new I-94 at POE. Working for new employer after denial of an extension of stay is illegal.
      > Its confusing me. My old visa is still valid but old visa does not make any difference since I have received approved I-797C for new employer.

      My question is I-94 which is valid up to Sep 2009 and , *NEW* Notice of Action which is valid to Aug 2011 so do I have to go to India to get new I-94?

      Comment


      • #4
        Thank you txh1b

        I am sorry txh1b. Your answer is perfect, I just did not understand it first.

        Now please tell me if attorney is supposed to keep original I-797A and why he would not send me original copy of I-797A? they just sent me I-797C.

        Originally posted by txh1b
        I797C is just a receipt.

        Notice of approval of H1b will be I797A (attached I-94) or I797B (No-i94)

        If you get a I797B on a transfer, you have to stop working for the new employer (if you already started) and go out and get a new visa stamped (if your visa already expired), get a new I-94 at POE. Working for new employer after denial of an extension of stay is illegal.

        Comment


        • #5
          If your transfer came with an attached I-94, then you can stay. If not, you have to leave and return to get a new I-94 to work for the new company.

          I am not sure why the attorney would keep the I797A. They at least have to give your I-94 or bottom half of I797A as the top portion belongs to employer.

          I believe the attorney sent you the copy of the courtesy copy of the H1b approval which also is labeled I797C (faintly remember so). I797A is sent to the employer.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Originally posted by txh1b
            If not, you have to leave and return to get a new I-94 to work for the new company.
            I assume, since my old visa and I-94 are still valid upto Sep 2009, I do NOT have to go to India as you mentioned above.

            Comment

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