QUESTION
Will I be able to stay and work if my I-797 gets expired on February 2014 or we just have to file I-797 extension?
Asked on Jan 07th, 2014 on Immigration - New York
More details to this question:
I was working in a company X who filed for my H1B and it was approved until September 2014. I came to US in March 2012 and went back in April 2013. I got an offer from another company Y from US and they have filed for my petition and it has a validity from September 2013 to February 8th 2014. I joined the company Y in November 2013 but I did not went for re-stamping as my previous company VISA was valid until September 2014. Now my I-797 is getting expired on 8th February 2014 and I have validity of my VISA and I-94 until September 2014. Please advise.
1 ANSWER
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You should consult an immigration attorney, and soon. When you left your employ at the company X without transferring your H1B visa to another employer, you lost your H1B visa. Your re-entry into the U.S. on H1B visa sponsored by Company X even though you were coming to work for Company Y, will most likely be considered by USCIS as visa fraud. And, even if your status were completely legitimate, you should have applied for a renewal of your employment authorization, at least, 2 months ago. In sum, the situation is a mess, and the sooner you ask a specialist to try sorting it out, the better.
Answered on Jan 10th, 2014 at 9:46 AM