I797 approved but Extension of stay denied

[arvind256]

Hello,

 

I had a situation where I was laid off from a company back in October. After that, I found another job and then applied for a transfer petition with the new employer. We just got to know that the petition has been approved, but the extension of stay has possibly been denied. We are still waiting for the hard copy of the approved petition. I understand that I would need to leave the country and apply for re-entry into the US before I start working. Here are my questions :

 

1) If I have a valid unexpired visa stamp on my passport through my old company (previous petitioner), can I use that along with the new approved petition to get the new I-94 (at port of entry) and then start working for the new employer? It looks like according to the Aytes commission memo of 1997, the original visa stamp is still valid  till its expiration date

 

2) Also, how long does it take to receive the hard copy I797 after I129 petition has been approved? Mine was done through premium processing

 

 

Any help or advise with this is greatly appreciated.  Thank you very much for your time.

 

[jairichi]

1. Yes.

2. Within a week.

[wiweq]

In case of denied H1b extension you cannot use previous stamped visa. With H1 extension cancellation notice, you will get the instructions for the counselor processing with  consulate info. You have to go to  same consulate to get H1b visa stamped. Generally, they give assign you consulate nearest to your home-country address.

[Glady]

@arvind 256

My understanding is that your I-94 governs your stay and not the visa.  If the extension is denied then you would get an approval notice without a I-94.  So you have to do what wiweq has suggested.

 

One question to you is, how do you know your extension was denied when you haven't got an approval notice yet?

[wiweq]

@arvind 256

My understanding is that your I-94 governs your stay and not the visa.  If the extension is denied then you would get an approval notice without a I-94.  So you have to do what wiweq has suggested.

 

One question to you is, how do you know your extension was denied when you haven't got an approval notice yet?

Looks like this was pp case. They got the email notice but not the hard copy.

[arvind256]

@wiweq & Glady - Thanks for your response. Yes, this was pp case. We got an email and in that the consulate notified (if applicable) has a value. And also, the I-94 # is the old number with which we initially applied.  So, approximately how long does it take to receive the hard copy after the petition has been approved. My petition was approved on 02/18/2015 and my attorney received the email on 02/19/2015. So, its been about 9 days so far. Any thoughts? Thank you very much.

[jairichi]

@wiweq & Glady - Thanks for your response. Yes, this was pp case. We got an email and in that the consulate notified (if applicable) has a value. And also, the I-94 # is the old number with which we initially applied.  So, approximately how long does it take to receive the hard copy after the petition has been approved. My petition was approved on 02/18/2015 and my attorney received the email on 02/19/2015. So, its been about 9 days so far. Any thoughts? Thank you very much.

You will get it this week.

[arvind256]

Thanks jairichi - Do I have to wait for the hard copy before I set up an appointment with the consulate? Or can I apply even before it comes? In one of the websites (ustraveldocs.com and the official consulate website), it says that the I797 form is no longer needed for the visa interview. Can you please advise? Thanks!

[wishme]

Hi Arvind.

I am in same situation like you. can you please explain what action you took after getting hard copy?