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H1 transfer Denied and Approved without I94. Whats next?

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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) 



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?


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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.

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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 

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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! 

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