H1 B extension approved without I-94


mintuambala

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Dear Members,

 

I recently changed my job from Employer A to Employer B. While my h1b transfer process to new employer B, my previous employer A REVOKED my h1b visa 2-3 days before the actual start of trasnfer process with employer B. My new employer B filed my h1b transfer in premium and I got my new I797 approved but without I-94. My new employer also filed for my wife's h4 extension along with mine but her extension got denied. The reason for denial provided by uscis is the "principal applicants non-immigrant status not maintained" ( which is probably because of the 2-3 days gap between transfer of my h1b with new employer and revocation of h1b by my previous employer). They have mentioned in the letter of denial to my wife (for h4 visa) that she requires consular processing.

 

I and my wife both have visa stamped (based on previous employer A) on our passports till Oct 2015 as well as i-94 till Oct 2015.

 

Questions -

1. Do I along with my wife need to get stamping again from Visa consulate since my i797 is approved without i-94?

2. Will it be fine if we just go out of country and come back showing our visa from previous Employer A and get new i-94?

3. If the answer to the above question is yes, will my wife also get new i-94 based on her dependent visa from my previous employer? (Please note her extension is already denied)

 

I will appreciate all the help on these questions.

 

Thanks

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Dear Members,

 

I recently changed my job from Employer A to Employer B. While my h1b transfer process to new employer B, my previous employer A REVOKED my h1b visa 2-3 days before the actual start of trasnfer process with employer B. My new employer B filed my h1b transfer in premium and I got my new I797 approved but without I-94. My new employer also filed for my wife's h4 extension along with mine but her extension got denied. The reason for denial provided by uscis is the "principal applicants non-immigrant status not maintained" ( which is probably because of the 2-3 days gap between transfer of my h1b with new employer and revocation of h1b by my previous employer). They have mentioned in the letter of denial to my wife (for h4 visa) that she requires consular processing.

 

I and my wife both have visa stamped (based on previous employer A) on our passports till Oct 2015 as well as i-94 till Oct 2015.

 

Questions -

1. Do I along with my wife need to get stamping again from Visa consulate since my i797 is approved without i-94?

2. Will it be fine if we just go out of country and come back showing our visa from previous Employer A and get new i-94?

3. If the answer to the above question is yes, will my wife also get new i-94 based on her dependent visa from my previous employer? (Please note her extension is already denied)

 

I will appreciate all the help on these questions.

 

Thanks

1. Just cross the border and enter with your valid H1B visa and H4 visa along with your approved I797.

2. Yes.

3. Yes.

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Thanks Jairichi.

I got a complete notice where USCIS has mentioned that there was a gap of 17 days between the revocation of visa by old employer and actual petition acknowledged by USCIS. So they denied the extension of stay but approved i797 (without i-94).

Since I have a valid visa from old employer and new approved i797 from new employer (but without i94), can i cross the border and come back without any problem?

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Thanks Jairichi.

I got a complete notice where USCIS has mentioned that there was a gap of 17 days between the revocation of visa by old employer and actual petition acknowledged by USCIS. So they denied the extension of stay but approved i797 (without i-94).

Since I have a valid visa from old employer and new approved i797 from new employer (but without i94), can i cross the border and come back without any problem?

Yes, you can and make sure immigration officer knows that you need a new I94 to be generated.

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  • 2 weeks later...
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Hi There,

 

Even my situation is similar where I have an H1B approval with extension of stay denied. I am planning to go to canada to activate my I94. For that

 

1. I am planning to drive to Canada via niagara

2. come back on the same day

 

Questions

 

1. Do  I need to apply for a canadia visa ?

2. While coming from Niagara do they extend / activate my I94 or is it like I need to go to a different place ?

 

Please respond.

 

Thanks,

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