I have changed the employer recently. I got the H1B approval but I didn't get the I-94 with it. I got the below note from the USCIS. My employer is suggesting me to go outside of US and come back as I have stamping valid till SEP 2016. Please suggest me the best ways.
This notice IS in reference to the Form 1-129, Petition for Nonimmigrant Worker, you filed in behalf of
XXXXXXXXXX seeking specialty occupation worker classification under section 101 (a) (15) (H) (i) (b)
of the Immigration and Nationality Act (INA) with concurrent request for extension of stay.
It is ordered by the Director of the California Service Center, United States Citizenship and Immigration Services
(USerS) that the extension of stay requested for the beneficiary be denied for the following reason(s):
The petitioner filed Form 1-129, Petition for a Nonimmigrant Worker, for the beneficiary with a request for
extension of his or her nonimmigrant status as an H-l B alien performing services in a specialty occupation.
Title 8, Code ofFederal Regulations (8 C.F.R.) 214.1 © (4) states that:
An extension of stay may not be approved for an applicant who failed to maintain the
previously accorded status or where such status expired before the application or petition was
The beneficiary's prior H-IB status with his previous employer was valid from XXXXXXXX to XXXXXXXXX. Subsequent to the filing of the petition, users issued a request for evidence (RFE) requesting, among
other things, evidence that the beneficiary has been maintaining his nonimmigrant status throughout the
previously approved validity period. More specifically, users requested evidence of the beneficiary's pay
records for the period from January 1, 2014 to the present.
In response, you only submitted the beneficiary's payroll records with his previous employer for the period
from XXXXXXX to Xxxxxxxx. You also submitted the beneficiary's 2014 Form W-2.
According to the submitted W-2 and pay records, the beneficiary only earned $32 ,640 in 2014. However, the
beneficiary's previously approved petition filed by the beneficiary's previous employer, YYYYYYYYYYYYY,
indicates that the beneficiary's wage is $60,000 per year . As such, without any other evidence and/or
explanation, the evidence is insufficient to establish that the beneficiary has maintained his H-l B nonimmigrant
status throughout his stay in the U.S. because the beneficiary only earned a little more than half the wage he
should of earned.
The beneficiary has failed to maintain his nonimmigrant status and is therefore ineligible for the requested
extension of stay. Accordingly, the request for extension of stay is denied.
Please note that the approved Form 1-129 petition for classification of the beneficiary as an H-1B nonimmigrant
has been forwarded to the U.S. Consulate in Mumbai, India as requested in Part 4 of the Form 1-129 for visa