Discussion:
H1 B transfer approved but denied extension
  Dear Friends,
I came to USA on F1 Status.I finished my Masters and started working on OPT.Meanwhile Company A filed for my visa and i got it approved in July 2004.
Meanwhile i went to India and got my Visa stamped in Chennai consulate on OCT 2004.
But i found a employer B in May 2005.They filed for my H1 B transfer but it was denied as the job they petioned for was not matching my skills and qualifications according to USCIS.They denied it.I found a employer immediately and filed with Company C within 16 days.Now they aprroved my visa but denied my stay and asked me to go to chennai consulate for Visa issuance.
But my doubts:
My attorney is good.He has done hundreds of H1 b Visa before.He saying that i need not go to the consulate but just go to INdia and reenter the country with a new 1-94.I am not sure he is right because the letter from USCIS says that i have get a visa from Chennai.But i already have a valid Visa Stamped on my passport from Chennai Consulate from Company A till OCtober 2007.I am not sure how i can seek a new H1 B visa from chennai consulate when i have already have one from Chennai consulate.
Guys i am totally confused.Please advice.Do i need to leave the country ?
Please help
Poolrajaa
Answer:
Originally Posted by poolrajaa2004 Dear Friends,
I came to USA on F1 Status.I finished my Masters and started working on OPT.Meanwhile Company A filed for my visa and i got it approved in July 2004.
Meanwhile i went to India and got my Visa stamped in Chennai consulate on OCT 2004.
But i found a employer B in May 2005.They filed for my H1 B transfer but it was denied as the job they petioned for was not matching my skills and qualifications according to USCIS.They denied it.I found a employer immediately and filed with Company C within 16 days.Now they aprroved my visa but denied my stay and asked me to go to chennai consulate for Visa issuance.
But my doubts:
My attorney is good.He has done hundreds of H1 b Visa before.He saying that i need not go to the consulate but just go to INdia and reenter the country with a new 1-94.I am not sure he is right because the letter from USCIS says that i have get a visa from Chennai.But i already have a valid Visa Stamped on my passport from Chennai Consulate from Company A till OCtober 2007.I am not sure how i can seek a new H1 B visa from chennai consulate when i have already have one from Chennai consulate.
Guys i am totally confused.Please advice.Do i need to leave the country ?
Please help
Poolrajaa
Hi Folks,
I am planning to visit canada for h1b stamping and i have a question. they need I-797 (either I-797A or I-797B) and I-797C is not acceptable. do you have any idea where i can get the I-797A or I-797B. The only documents i received after h1b was approved were...i797C and the I-94 which is the lower portion of some other document and the upper portion was for employer. Looking forward to your reply.
Thanks,
Answer:
H1B visa and H4 visa
  Hello,
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor which you are wokring on for me right now. My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
Syed
Answer:
As you did not get I94 with approval, you can not stay & work after I94/H1 expiration. YOu need to travel and come back with H1 stamp.
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