H1B transfer approved without I94

[Pankaj Nerkar]

I was working for X firm till 20th Sept 2013 then I moved to Y firm. They

initiated my H1B transfer. I started working for Y firm from 7th October

2013.

On 29th my H1B transfer got approved but without I94.

So Y company saying they will initiate a Motion with USCIS so that I dont

have to travel out of country.

July 2014 Y employer raised Motion with USCIS for 129B approval which is not yet served.

Please suggest what should I do.

[jairichi]

Your dates do not match at all. How can employer Y raise a MTR in July 2014? Whatever it is you need to stop working  for employer Y and also exit US till you get a favorable decision with MTR. If you are staying in US during that time you are out of status and probably accruing illegal stay if your I94 has expired. Alternatively you can exit and enter with a valid H1B visa and new I797.

[Pankaj Nerkar]

Hi,

My H1B transfer initiated in sept 2013 got approved without I94 on 29 june 2014.

It took 9 months, there was one rfe in between bcz of client change.

My Y employer asking me to wait for MTR result.

My H1B stamped on my passport and I94 with X employer is still valid.

[jairichi]

Hi,

My H1B transfer initiated in sept 2013 got approved without I94 on 29 june 2014.

It took 9 months, there was one rfe in between bcz of client change.

My Y employer asking me to wait for MTR result.

My H1B stamped on my passport and I94 with X employer is still valid.

So, what was your status from 20th Sep 2013 to 7th Oct 2013? If you were out of status how do you expect to get I94?

[Pankaj Nerkar]

Oh is that the reason ?

My joining delayed due to background check delay by client.

But I check lot of people having 1-2 weeks gap between there job switch but noone face such issue.

According to my attorney whenever they do such thing they give reason why they are not giving I94.

In my case they didn't mention any reason.

Can you please guide me do I need to follow what my employer is saying "wait for MTR result, till that time just wait at home don't work ".

Thanks!!

[JoeF]

What is your current status?

An MTR does not give you any rights to stay.

Unless you are in some other valid status, you have to leave the country.

[jairichi]

Oh is that the reason ?

My joining delayed due to background check delay by client.

But I check lot of people having 1-2 weeks gap between there job switch but noone face such issue.

According to my attorney whenever they do such thing they give reason why they are not giving I94.

In my case they didn't mention any reason.

Can you please guide me do I need to follow what my employer is saying "wait for MTR result, till that time just wait at home don't work ".

Thanks!!

That might be the reason. And it is 3 weeks of gap during employment.

Since you do not have an I94 you are accruing illegal presence in US and you need to stop working for employer. Filing of a MTR does not give you any legal status to stay in US or work for employer.

 

Why don't you consult an independent attorney about your situation?