I797B approval notice came without I-94, and asks to go out of country


absin123

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Hi,
It's a long description, but please bear with me.
I was working with Comp A on an L1 visa, since Jun'12. In Apr'14, I got a job with another Comp B, and they filed H1B visa petition for me, to get a change of status from L1B to H1B. I received final approval (after an RFE) in Dec'14, with an I-94 valid till 2017. But the approval notice said the validity effective date from Nov 3rd 2014. All this while I had continued to work with Comp A. When I got the approval in Dec'14, I put my papers & served notice period with Comp A till Jan'15. I had Comp A paystubs till Jan'15. However, I could not join Comp B now as the position was no longer available due to delays in visa approval. So I did not have any paystubs for Feb'15 and Mar'15. In Mar'15, I got another job with Comp C, and they filed for my H1B visa transfer. I again got an RFE, and one of the reason was proof of maintaining status (due to lack of paystubs). I acknowledged this and shared some email communication between Comp B and myself to prove that the position was no longer available, and hence, I couldn't join them. Last week I finally got the approval, but it came without status (I-94). The notice does not clearly states the reason for this, but it mentions that I can go out of US, and come back with an H1B stamp. I want to know/understand what are my options now.
1) Is there a way to fix this without leaving US? Or do I really have to go out of country?
2) Can I ask USCIS to reconsider the extension, and grant me the I-94?
3) Shouldn't they have considered the previous I-94 validity?
4) If I do have to go to India, what are the risks/questions that I should be prepared for?
5) If, for some reason, my H1B is denied with Comp C (after consulate interview), will my previous H1B also become invalid?

Thanks for the help.

Regards.

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1. When you are out of status your I797 will not get an I94. You need to exit and enter US with a valid H1B visa and I797.

2. No use.

3. First it was illegal for you to work for L1 employer till Jan 15 even after H1B COS approval.

4. Any question related to you, employer and job.

5. Which is your previous H1B? If you mean with company B then it should have been already revoked by B since they do not have a job for you.

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  • 2 weeks later...

You have been out of status since Nov 14, and further illegally working for the L1 employer after change of status. There is no way USCIS can ignore such a long period. You have to leave the country immediately.

 

If Visa is denied, that does not automatically invalidate the underlying petition. That also does not affect your ability to get cap-exempt petition from any other employer in future. The previous employer (B) may have revoked their petition.

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