Recieved H1B approval, but did not get I-94

[PTKumar]

Hi all,

I am on L1 visa which will expire in November 2012.

I applied for H1b in May 2012 via premium process and it got approved.
However they did not send the I-94 along with I-797

In the I-797 it is written that " the status previously accorded had expired before this petition was filed". But my L1 has NOT expired it is still valid.

What are my options? Would I have to go back to India to get H1 b stamped.
If I can do it in US itself how long the process would take.

If I go back to get it stamped and if they reject my H1 B can I still travel to US on my L1.. Since it is valid till Nov 12, 2012.

Any information is greatly appreciated

Thanks,
PK

[shervin143]

In the I-797 it is written that " the status previously accorded had expired before this petition was filed". But my L1 has NOT expired it is still valid.
>>> Was your L1 petition and I-94 valid until September 2012 when you filed the COS to H1B? If not, the H1B will not get approved for change of status.

What are my options? Would I have to go back to India to get H1 b stamped.
If I can do it in US itself how long the process would take.
>>> You either have to go back to India, get the H1B visa stamped and return back or the employer will have to file a COS from L1 to H1B and it should get approved. It takes 2-3 months by normal process and 15 days by premium.

If I go back to get it stamped and if they reject my H1B can I still travel to US on my L1.. Since it is valid till Nov 12, 2012.
>>> It depends. Usually the first thing they will do is cancel any existing work visa in the passport and then decide whether to issue a new work visa or not. If your L1 gets cancelled during the H1B stamping and if H1B gets denied, then you will have to apply for L1 again.

[PTKumar]

Hi,

Thankyou for the reply

To answer your question,Yes my L1 was valid till Nov 2012 when I filed H1b

I heard there is an option of going to Canada for stamping.
Is there any advantage for that?


Thanks

pK

[shervin143]

If this is your first H1B stamping, then it has to be scheduled at a U.S consulat in your home country, unless you have done your studies in U.S. If you previously had an H1B visa stamped in the past, then you can go to Canada, but not Mexico as change of status stamping is not allowed in Mexico.

https://www.immihelp.com/usa-visas/visastampingcanadamexico/

Advantage of going to a third country for stamping:
It is close by and it costs less than a trip to your home country.

Disadvantage of going to a third country for stamping:
If you get a 221g, you will get stuck there for a while and you need to be prepared for that. If the H1B gets denied and L1 gets cancelled, you will have to go back to your home country from Canada or apply for L1 again and wait longer.

Hi,

Thankyou for the reply

To answer your question,Yes my L1 was valid till Nov 2012 when I filed H1b

I heard there is an option of going to Canada for stamping.
Is there any advantage for that?


Thanks

pK

[PTKumar]

Yes it is my first h1b.
Thankyou for the prompt response

Thanks,
pk