H1B transfer .. got I797B instead of I797A


Rythm09

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Hi,

I was working FT with a reputed bank with I797 and I-94 valid until Jan2019. I received a job offer from another company in Jan 2018 and started the transfer process and got approval in Feb 2018. They didnt share the approval notice with me due to company policies however since they said that they received the approval notice, I joined the new firm on 03/16. After 2 days of joining , I checked that the approval notice is I797B instead of I797A.

The attorneys are claiming that its a mistake from USCIS and they did file for an extension of stay in I129, also they have opened a case with USCIS to correct the approval.

I have below questions:

1. I checked the I129 and they did file for an extension of stay, also my current I94 has not expired, then how come USCIS issued I797B instead of I797A? Is there any additional criteria for this?

2. Since I trusted the attorneys and already joined the new company , am I legally authorized to work for new employer ? The attorneys said yes you are legally authorized to work and get paid and also your status is valid as ur current I94 has not expired.

3. In case USCIS denies the correction for some reason , what is my next step ? 

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"The attorneys are claiming that its a mistake from USCIS and they did file for an extension of stay in I129"

First, just because the attorneys filed for an extension of stay doesn't mean USCIS will grant it. They may not give an I94 if there is unauthorized stay, etc. Was that true in your case?

 

In very rare cases does USCIS make the mistake of sending 797 without I94. The best course of action would be for your attorney to call and get it corrected. If there is a case number, I think it would be OK to stay and continue working but the moment they deny, you have to leave the country and go for stamping. 

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  • 7 months later...
On 3/23/2018 at 3:03 PM, Rythm09 said:

Hi,

I was working FT with a reputed bank with I797 and I-94 valid until Jan2019. I received a job offer from another company in Jan 2018 and started the transfer process and got approval in Feb 2018. They didnt share the approval notice with me due to company policies however since they said that they received the approval notice, I joined the new firm on 03/16. After 2 days of joining , I checked that the approval notice is I797B instead of I797A.

The attorneys are claiming that its a mistake from USCIS and they did file for an extension of stay in I129, also they have opened a case with USCIS to correct the approval.

I have below questions:

1. I checked the I129 and they did file for an extension of stay, also my current I94 has not expired, then how come USCIS issued I797B instead of I797A? Is there any additional criteria for this?

2. Since I trusted the attorneys and already joined the new company , am I legally authorized to work for new employer ? The attorneys said yes you are legally authorized to work and get paid and also your status is valid as ur current I94 has not expired.

3. In case USCIS denies the correction for some reason , what is my next step ? 

Rythm, do you any update on your case? I am in very similiar situation. I received I797B instead of I797A for no reason I can find. No notice issued from USICS stating the reason to deny COS. I am not sure if I can continue to work now since my old I-94 has expired. My attorney did filed a request to correct this before I-94 expiration, I just don't know if this can justify my work status now before the request is resolved.

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  • 1 year later...

Hi , I’m in a similar situation, received I797B instead of I797A for H1b extension.  I’m working as a FT for the same company from past 2.8yrs, and My current i94 expires by Apr09, 2020. But my attorney has requested USCIS to send the I797A. But they don’t know how long it takes to get back it. I have hardly 40days for my I94 to expire. I just don’t know if I can stay until the request is resolved, how long it takes usually to be addressed by USCIS . Please reply, this is really urgent 

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