H1B approved without I-94

[KK_VRS]

Hi

I was lay-off. I have I-140 approval notification with old employer. Old I-94 expires Feb-2016.

with my new employer(Contract), I received H1B transfer approval notice without I-94. (validity period: 06/01/2015 - 05/31/2016)

 

My new employer immigration contact requested me to,

   1.  step-out-of-country(any where) and get new I-94.

    2. Time frame: with in 2 months.

 

Questions:

1. New I-94 time frame: Can I wait more than 2 months? Yes. How long?

2. New H1B approval 'notice-type' section has  'Consulate: Chennai'. Do I need to get my visa stamping at Chennai consulate only?

3. I am confused with below info in the approval notice. Please clarify

 

H1B approval notice has below info:

The above petition has been approved and notification sent to the listed consulate. ...THIS FORM IS NOT A VISA AND MAY NOT BE USED IN PLACE OF A VISA.

..

Petition approval does not authorize employment or training. ....

...

If any worker are already in U.S. the petitioner can file  a new form I-129 to seek change or extended their status based on the petition....

 

 

 

[JoeF]

You are out of status from the day of layoff.

That means extending the status is not possible. You have to go abroad, as the lawyer said.

[jairichi]

1. You cannot stay in US as you are not in any valid status in US. You have to do immediately. Any work performed without doing so is considered unauthorized employment.

2. Any US consulate.

3. This means without an entry with a H1B visa and I797 you are not entitled to stay and work in US and you need to go for H1B visa stamping immediately.

[Attorney_21]

KK_VRS:

 

You are out of status, as previous posters have noted.

 

Some of the answers here are going to change depending on whether USCIS made a "formal" determination that you were "out of status" - normally you'd get a separate letter from USCIS (sent in the same envelope as the I-797 approval notice) saying that you are out of status and must depart the United States.

 

If you received this formal "out of status" determination, you are subject to the restrictions contained at section 222(g) of the Immigration and Nationality Act which says that (1) the visa in your passport that you entered on is cancelled automatically (2) you are required to obtain future visa stamps in your home country only.

 

If your new employer only requested consular processing (and we're not dealing with a denied change-of-status) you probably did not receive such a letter.

 

I would consult with an attorney - this is a complex situation.