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i797B-> Permit approved but Extension of Status Denied

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Hi All,

I have a stamped visa till 2020; my new employer applied for H1B transfer and received i797B with permit being approved but extension of status is denied.

The reason is that I was outside US on a trip when they filed my H1B Visa transfer with USICS.

Now I Want to go ahead and join the new firm, what should be my course of action? 

1) Ask for another H1B transfer(premium) for the same new employer with me being in US now(Not sure if possible twice)?

2) Go out of US and get a fresh visa stamping using the new employer's i797B. Stamping dates in India is 40-50 days from today. It makes me go for LOP and I am not sure if during stamping my H1B stamping is rejected.

3) Continue employment with current employer and let go this risky affair.

I have less than a 3-4 days to decide. Any insight/experience in similar affair is highly appreciated.





Edited by harshg87

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Golden suggestion to you is For critical issues like this, do not wait for internet people to respond to your questions and consult qualified attorneys.

You didn't even provide complete information. Nobody has a magic wand to understand your concerns or issues without you providing complete information.

Are you in USA ? Do you have a valid i-94 ? If yes, just go to CBP station nearby and make sure all is correct. In theory you do not even need to do that if you entered USA after your h1b approval without the extension of status (i-94). Because when you entered USA, your i-94 was issued and with length of stay till your petition expiry date (assuming it is 2020). 

If you want to join a new employer, they will use current i-94 to extend your status until their petition request dates. 

Again when in doubt , consult qualified attorneys. 


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