Recieved fresh I797B without I94

[Sonu K]

I have applied fresh H1B from an Employer A in 2014 and I received fresh I797B without I94 because my H4 was expiring on Aug2014 so they gave me only I797B without I94 and also sent "Denial of Extension of Status  Request" stating the reason -: "The validity of petition commences after the alien's authorized stay in the United States expires"

 

My current status is H4.

 

- How can I start working being with emplyer A?

- Can any other employer transfer my I797B ? (because I have never started working or worked before in USA, I don't even have any paystubs)

- Can anyone suggest me any option apart from going back to India for stamping.

 

 

 

 

[jairichi]

Employer has to file a cap exempt H1B petition as COS.

[rahul412]

Either you have to attend H1 interview or get another H1 along with new I94.

[Sonu K]

Thanks for the suggestion.

Currently I am on H4 and I am applying H1 in cap exemption from USA with in-house project.

Is there any risk in filing visa with in-house project? means chances of rejection.

[Sonu K]

I am planning to file my H1B again in cap exemption with new employer (Employer B) from USA with in-house project.

 

- Is there any risk in terms of rejection while filing visa with in-house project?

- In case I get RFE and employer does not produce enough documents then whether employer can withdraw the case?

- After withdrawing can I file it again in cap exemption with another Employer or Employer A (who has filed my petition first time).

[jairichi]

Thanks for the suggestion.

Currently I am on H4 and I am applying H1 in cap exemption from USA with in-house project.

Is there any risk in filing visa with in-house project? means chances of rejection.

what does in-house project mean? A real project is there or not?

[rahul412]

If that project really exists then you are safe.

If you are working for some consulting firm then in-house means you will be on bench, which is very risky to get H1.