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H1B Extension denied. New H1B approved.

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  • H1B Extension denied. New H1B approved.

    All,
    I like to share my H1B experience with you.
    My 2nd H1B transfer petition was denied on June 2nd but i had my I94 valid till Sep 2009. There were 33 days to appeal for denial.
    I was working on project and found a employer who was ready to file new H1B without extension but in CP , go out of country do stamping in India and re-enter with new I94.
    The new employer filed my petition on July 2nd in PP, USCIS sent receipt on July 6th and approved petition on July 9th.
    I was ready to leave US and even booked tickets. When my employer recieved approved petition along with I94 Card, i was told stamping is not reqd and i can remain in US.
    Last edited by mesaleem; 07-23-2009, 03:22 PM.

  • #2
    Thanks for posting your experience

    Comment


    • #3
      Originally posted by mesaleem View Post
      All,
      I like to share my H1B experience with you.
      My 3rd H1B petition was denied on June 2nd but i had my I94 valid till Sep 2009. There were 33 days to appeal for denial.
      I was working on project and found a employer who was ready to file new H1B without extension but in CP , go out of country do stamping in India and re-enter with new I94.
      The new employer filed my petition on July 2nd in PP, USCIS sent receipt on July 6th and approved petition on July 9th.
      I was ready to leave US and even booked tickets. When my employer recieved approved petition along with I94 Card, i was told stamping is not reqd and i can remain in US.
      -- Right, it's not need to go back for stamping again. if you want to travel outside the USA then you need to go for stamping to re-enter back to the USA. mostly I94 come along with petition that's the USCIS do every time.
      -- OMM

      Comment


      • #4
        If the petition was applied as a CP case, How did you get an I-94 attached? Make sure you see that and not go by the word of 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


        • #5
          Originally posted by txh1b View Post
          If the petition was applied as a CP case, How did you get an I-94 attached? Make sure you see that and not go by the word of the employer.
          That is why i posted my experience. I've seen my I797-A petition and it has I94 card.

          May be i applied with in 30 days of appeal of previous denial or may be because of my valid visa or may be the new employer's solid background + my clean past record, USCIS has approved with extension.
          Last edited by mesaleem; 07-23-2009, 12:03 PM.

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          • #6
            what is CP?

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            • #7
              Are you sure it is a I797B? I797B can never have a I-94 attached. Doesn't seem right. Be careful about your status and for your own safety, enter again and get a new I-94. USCIS can go back and revoke something if they see it as erroneous leaving you high and dry.

              Good luck!

              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


              • #8
                Originally posted by txh1b View Post
                Are you sure it is a I797B? I797B can never have a I-94 attached. Doesn't seem right. Be careful about your status and for your own safety, enter again and get a new I-94. USCIS can go back and revoke something if they see it as erroneous leaving you high and dry.

                Good luck!
                My bad.. Its I797 A.

                Comment

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