8th year H1 extention got I-797b.....what to do...Urgent

[h4togc]

In explanation of I-797B USCIS itself mention that pitition has been approved but not eligible for requested extantion of stay beacause you havent maintained your status through out your validity period.
will update further. Fingers crossed.

Thank you all for reply.

[qesehmk]

In explanation of I-797B USCIS itself mention that pitition has been approved but not eligible for requested extantion of stay beacause you havent maintained your status through out your validity period.
will update further. Fingers crossed.

Thank you all for reply.

That makes sense. So essentially if your status was not maintained properly then you have no status right now to extend.

While one can debate if the worker has to lose status because of malpractice (in this case nonpayment) by employer. But workers don't have that luxury.

Unfortunately the system is not setup in favor of worker. So you probably have to suck it up and go back and try stamping.

By the way there is no hiding stuff from consulates. Honesty is the best policy. Looks like you can acquire status if you change employers.

Beats me ... why that is acceptable but not extension .... but looks like that may work. Good luck.

[gcq]

My problem with that theory is that there is no logic behind it.

USCIS can't approve work authorization and then say sorry I can't give you a status even if you are in US. Doesn't make any sense.

May be the applicant / or beneficiary pick up the phone and ask USCIS ... why spend money on lawyer. Let USCIS tell what it is.

This was my exact reaction when I heard about this first time. How can USCIS give work authorization without allowing people to stay ! That is beyond common sense, but that is how the laws are.

[suninphx]

That makes sense. So essentially if your status was not maintained properly then you have no status right now to extend.

While one can debate if the worker has to lose status because of malpractice (in this case nonpayment) by employer. But workers don't have that luxury.

Unfortunately the system is not setup in favor of worker. So you probably have to suck it up and go back and try stamping.

By the way there is no hiding stuff from consulates. Honesty is the best policy. Looks like you can acquire status if you change employers.

Beats me ... why that is acceptable but not extension .... but looks like that may work. Good luck.

If employee complains on form WH4 (easier said than done), then in most cases he gets protection from such out of status situation. Again I am no expert but that is what multiple online sources tell me.

[qesehmk]

Yes gcq ... at least looks like that's how USCIS works. I believe you can challenge them in courts ... but no H1B has that kind of courage, money and time.

This was my exact reaction when I heard about this first time. How can USCIS give work authorization without allowing people to stay ! That is beyond common sense, but that is how the laws are.

If employee complains on form WH4 (easier said than done), then in most cases he gets protection from such out of status situation. Again I am no expert but that is what multiple online sources tell me.

Thanks Sun. Indeed easier said than done.

[Raj0687]

One of my friends had kind of same issue back in 2009. she was on H1B transferring to F1(phd). At the time of status change she submitted a letter to USCIS saying that job is ending on 30th May 09 and her I-20 has the college starting date as 3rd June 09. Her H1 is valid till Sep/10, employer did not cancel it though. Her F1 got approved end of June/09, meanwhile she started going to classes. USCIS approved F1 saying that she was illegally lived 3 days from May31st to June 3rd in US and did not issue I94. she has to go out and get the visa stamped and re-enter.

[4WatItsWorth]

This was my exact reaction when I heard about this first time. How can USCIS give work authorization without allowing people to stay ! That is beyond common sense, but that is how the laws are.

It is not all that surprising. In the OP's case, they approved the petition but not the extension of stay. So, OP has to exit the country and re-enter. The only way to re-enter will be on a valid visa. It is as if they were already outside the country. In which case, there would be no stay to extend. May be, they treat violation of terms of previous stay in the same fashion.

Edit: Another similar scenario is when someone gets an I-94 that expires sooner than the stamped visa such as due to their passport expiring sooner. The only solution to that is to get the passport renewed and either 1) file an extension to stay or 2) exit and re-enter the country.

[h4togc]

Hello GURUS,

Just for a quick update that we have applied for H1B/H4 transfer (premium processing) to another company. They have sent all required documents to USCIS . Our current I-94 expires by end of next week. Hopefully we will receive receipt by beginning of next week.

I have below question for this situation.

If we receive I-797 B without I-94 again after my current I-94 expires then will we be out of status right away and have to leave for stamping on same day or are there any chances for some buffer time to prepare , get actual copy of I-797B ,buy ticket ,etc? Any complications?

[gcq]

Hello GURUS,

Just for a quick update that we have applied for H1B/H4 transfer (premium processing) to another company. They have sent all required documents to USCIS . Our current I-94 expires by end of next week. Hopefully we will receive receipt by beginning of next week.

I have below question for this situation.

If we receive I-797 B without I-94 again after my current I-94 expires then will we be out of status right away and have to leave for stamping on same day or are there any chances for some buffer time to prepare , get actual copy of I-797B ,buy ticket ,etc? Any complications?

If you get I-797B again, you will be out of status immediately. The right thing to do is try to leave the country right away thus making it clear to USCIS/Consulate that you intend to follow the law and thus they will act favorably to you in future. Also if you re-enter the country after getting a visa you will wipe away your past out of status condition.

[Raj0687]

h4togc,
I think as per USCIS your are already out of status, transferring to other company may not help.
Again anything is possible with USCIS?

[qesehmk]

h4togc,
I think as per USCIS your are already out of status, transferring to other company may not help.
Again anything is possible with USCIS?

There have been many instances when people lose job while on H1. Do not go back to India. Keep looking for another job months after losing first one and get one.

I do not know how and why USCIS grants them second H1 or transfer of that H1. But it happens.

[h4togc]

HI All,

Some updates in my case. I got approval with I-94 (I-797A) after transferring H1B visa to company B. My labor and I-140 are already approved with company A and they are not going to revoke them.

1) Do I really need to go for stamping as I-797B (Consular processing) was issued with company A? If yes then within how many days I will have to finish my stamping?

2) Once my Priority date gets current or EO do some magic in near future and when I apply for I-485 (AOS) with company A then will I have any issues with the consular query with company A if I dint go for stamping?

3) Should I start painful labor and I-140 process again with company B?

[srimurthy]

Sorry for highjacking....
if someone gets mulitple extensions after the initial entry H1 / H4 with I-797A, with I-94s attached and when they plan to travel and come back, do they have to drop all I-94 stubs attached with each I-797A at the airport wile exiting, or just the first when stapled when they initially entered the country?

HI All,

Some updates in my case. I got approval with I-94 (I-797A) after transferring H1B visa to company B. My labor and I-140 are already approved with company A and they are not going to revoke them.

1) Do I really need to go for stamping as I-797B (Consular processing) was issued with company A? If yes then within how many days I will have to finish my stamping?

2) Once my Priority date gets current or EO do some magic in near future and when I apply for I-485 (AOS) with company A then will I have any issues with the consular query with company A if I dint go for stamping?

3) Should I start painful labor and I-140 process again with company B?

[gcq]

HI All,

Some updates in my case. I got approval with I-94 (I-797A) after transferring H1B visa to company B. My labor and I-140 are already approved with company A and they are not going to revoke them.

1) Do I really need to go for stamping as I-797B (Consular processing) was issued with company A? If yes then within how many days I will have to finish my stamping?

Did you apply for the second H1 (Company B) before the expiry of first one ? If YES, you don't have to go because you were in status already. If there was a gap between the expiry of first one and the application of second H1 application ( Company B), it MAY NOT be required ( check with a lawyer). The reason you were asked to go for stamping is you were issued I-797 B which didn't have an I-94 attached to it. Now that you have a new I-94 through company B, you don't have to go. If there was a gap between first and second, typically USCIS forgives that gap which is evident from their approval. If consulate has an issue with that small gap they may deny your visa whether you go now or later. So better stay here now. I have a strong feeling they won't mind as you have already switched company.

2) Once my Priority date gets current or EO do some magic in near future and when I apply for I-485 (AOS) with company A then will I have any issues with the consular query with company A if I dint go for stamping?

Whether you went for stamping doesn't matter. However company A maybe in deeper trouble. The only violation you know about company A is the benching. They may have other issues. Typically USCIS investigates such companies and they may find other issues with the company. So better file the entire GC (starting with labor) through another company to be safe.

3) Should I start painful labor and I-140 process again with company B?

I would recommend you start your GC process fresh with the new company.