ReddyOrg
Aug 25, 2012, 12:31 PM
I have seen lot of helpful information from the attorneys in this blog. Hope I will also get some help on my question. I have following questions on my post. Quick help on this is appreciated. Sorry for the long text.
I have recently applied for a H1B transfer on a Premium processing to an employer B from employer A. My previous I-94 (Employer A) is valid till next year(Sep 2013). I have started working with the new employer B after getting the receipt from USCIS. USCIS approved my employer B petition and I got I-797B without I-94. USCIS have not mentioned any reason for not approving my extension of stay IN I-797b.
My attorney said that it is a USCIS mistake and USCIS thought like my employer has requested for a Consular notification. Attorney replied to USCIS saying that erroneously processed this H-1B case as overseas notification instead of extension of stay. Currently waiting for a reply from USCIS as USCIS replied to my attorney email saying that they are currently reviewing my case. I have reviewed the H1B application(I-129) and everything looks good in it.
My attorney told me that I am out of status even if my previous I-94 (Employer A) is valid and I cannot work or stay on (Employer A) I-94. They asked me to wait and not to work until they hear back from USCIS.
Please help on my following questions.
Questions:
1. Can I continue working with the employer on the previous I-94?
2. Am I legal to stay in US using my previous I-94 which is valid (not expired) and the current petition is approved without I-94?
3. Am I out of status currently with the approved I797b without I-94 while the previous I-94 valid?
4. Can I change to a different employer C using the current approved petition. I have pay stubs for all the months I worked with employer B?
5. If I am out of status, does that reflect in the new H1B transfer?
6. If I apply for a new H1B transfer am I allowed to work after I receive the notice? Is there any dependency on the current visa which is for review with USCIS currently?
I have recently applied for a H1B transfer on a Premium processing to an employer B from employer A. My previous I-94 (Employer A) is valid till next year(Sep 2013). I have started working with the new employer B after getting the receipt from USCIS. USCIS approved my employer B petition and I got I-797B without I-94. USCIS have not mentioned any reason for not approving my extension of stay IN I-797b.
My attorney said that it is a USCIS mistake and USCIS thought like my employer has requested for a Consular notification. Attorney replied to USCIS saying that erroneously processed this H-1B case as overseas notification instead of extension of stay. Currently waiting for a reply from USCIS as USCIS replied to my attorney email saying that they are currently reviewing my case. I have reviewed the H1B application(I-129) and everything looks good in it.
My attorney told me that I am out of status even if my previous I-94 (Employer A) is valid and I cannot work or stay on (Employer A) I-94. They asked me to wait and not to work until they hear back from USCIS.
Please help on my following questions.
Questions:
1. Can I continue working with the employer on the previous I-94?
2. Am I legal to stay in US using my previous I-94 which is valid (not expired) and the current petition is approved without I-94?
3. Am I out of status currently with the approved I797b without I-94 while the previous I-94 valid?
4. Can I change to a different employer C using the current approved petition. I have pay stubs for all the months I worked with employer B?
5. If I am out of status, does that reflect in the new H1B transfer?
6. If I apply for a new H1B transfer am I allowed to work after I receive the notice? Is there any dependency on the current visa which is for review with USCIS currently?