QUESTION
Transferred H1B Visa, got I-797B consular approval, but have a valid I-94. Is Is consulate visit (stamping) needed immediately?
Asked on Aug 06th, 2016 on Immigration - New Jersey
More details to this question:
10 days after I came to US, I switched to a different employer (B), B filed for my H1B. Received H1B approval, I-797B, it states: The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons... Since the worker(s) has (have) been found ineligible for an extension of stay, we have sent notification to the consulate shown above... If a visa is issued, upon admission in this classification the worker will be authorized to be employed by petitioner for the authorized period. Current stamping valid till Dec-2016, so is I-94. (i) Am I required to immediately go to a consulate (or consulate referred in 797B) and get the stamping or can say till I-94 is valid? (ii) USCIS officer apparently saw my initial 10 days as out of status. Is it advisable to appeal that I wasn't out of status for the 10 days?
2 ANSWERS
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3 Awards
Under your current I-94, you are only allowed to work for your first employer. Since U.S.C.I.S. denied your extension of status, your work is not authorized under your second employer. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. Assuming that the visa in your passport for your first employer is still valid, you can use that one to reenter the US with the new H-1B approval sheet. On your second question as to whether it is advisable to appeal that you were not out of status for 10 days, it is likely more troublesome to go through a motion to reopen or to reconsider than to leave the US and come back in. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 02nd, 2016 at 12:46 PM
You must attend a visa appointment at the U.S. Embassy. While you have a valid I-94, it appears you failed to maintain status. You cannot seamlessly transfer to another employer if you failed to maintain status. Hopefully, you have not accrued more than 180 days of unlawful presence. Speak to your employer's immigration attorney before departing the country. You can read more about H-1B at http://myattorneyusa.com/work-visas.
Answered on Aug 08th, 2016 at 3:48 AM