ajaganath Posted March 12, 2014 Report Share Posted March 12, 2014 I have a situations where my H1B transfer with Company B is approved but my extension was denied. Reason it was denied because I was in India for vacation at the time of H1B transfer/extension with Company B made. I also have I94 from my old employer which is valid until 2015. My question is, am I legal to stay in the country and continue my job with Company B since my transfer is approved and I have a valid I94? If not, what are my options? Thanks in advance for your reply. Link to comment
pontevecchio Posted March 12, 2014 Report Share Posted March 12, 2014 This is USCIS error. Talk to the company Lawyer. Why did you not show the approval from B while coming back.? Link to comment
t75 Posted March 18, 2014 Report Share Posted March 18, 2014 How could you still have your old I94? It was to have been return when you left. Did you enter with the latest documents - from your new employer? Link to comment
ajaganath Posted March 23, 2014 Author Report Share Posted March 23, 2014 Thanks for the reply. Reason why my extension is denied is because USCIS quotes "I was out of country during the extension is requested". I still have valid I94 because I entered the country on Sep 25th 2013 (through my previous employer visa) and got new I94 and so I have it valid until 2015. My attorney says we can apply for H1B amendment stating that I am now in the country and re-request for the extension approval. He is also staying I am legal to stay in the country as I have valid I94 and Visa from my previous employer which is valid until 2015. Is that correct? Link to comment
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