harishp.87@gmail.com Posted July 21, 2016 Report Share Posted July 21, 2016 Hi Friends, I will give some information before going into the questions. H1 Transfer applied: Aug 13, 2015 H1 Transfer Denied: June 21, 2016 H1 Transer reapplied: June 22, 2016 H1 Transfer reapplied petition approval: July 18, 2016 (Received I797B without I94) Previous I94 expiry: Oct 05, 2015 (I am in US all the time) Questions: 1. Can I continue working in US with I797B and without stamping? 2. What is the best option to go for stamping in India or Canada? (In India it is minimum 75 days to get appointment and my employer cant afford more than 30 days of leave and cant allow work from India) 3. My employer did not apply h4 when they reapplied. Is she out of status? How can I apply for H4 now? 4. My attorney is about to start i140, is it fine to continue with I140? Link to comment
JoeF Posted July 21, 2016 Report Share Posted July 21, 2016 Without a valid I-94, you can NOT work. If you have a lawyer, you could have asked the lawyer... And your spouse is also out of status due to you not being in valid H1 status. Link to comment
Parker Posted July 21, 2016 Report Share Posted July 21, 2016 1) Talk to attorney 2) Odds are same, Go where ever you are able to secure an appointment sooner. 3) Why did your employer not apply h4 along with h1. I guess she is out of status....check with attorney 4) Yes its fine to apply i140 Link to comment
harishp.87@gmail.com Posted July 22, 2016 Author Report Share Posted July 22, 2016 Thanks for your responses. I spoke with Attorney and I am leaving US this sunday, going to Hyd for stamping thru Dropbox. I have out of status stay of 34 days. Will I get it stamped with approved I797B without any issues? your responses are highly appreciated! Link to comment
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