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Hello,

 

Here is my status:

Jan 07 2018: Resigned from my last job  with employer B (was on H1B)

Jan 12 2018: Filed for a change of status to H4

Feb 28: H1B with employer B expired

Apr 2018: Got a job offer from employer C

May 2018: Employer C started H1B application under premium processing, Got 2 RFEs but eventually H1B was approved. However, I got I797B. I have not left the country since Jan 2017. My H4 application is still pending. My passport has a H1B stamped for employer A valid till Sep 2018. My questions are

 

1. Can we know why I got I-797B instead of A? Can I fill a case and get that refuted?

2. Can I go to Canada for the visa interview or do I have to go to India for the same?

3. Are there any chances for the visa to be rejected during the interview?

 

Thanks

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1. Since your change of status is not approved as of C's filing date, they cannot approve C's petition with change or extension of status.

2. Yes, you can go to any country. Since your Visa is valid, you can use that also.

3. Not because of any reasons mentioned.

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It will make no difference. Also, like mentioned above, you don't even need to get a new Visa since your current one is valid.

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Thank you for your prompt response. So my lawyer is suggesting me to just go over the border and come back with a new I-94 and not do the visa interview at all. Is that possible on a I-797B or can be done only on an approved I-797A? Please note my I-94 is valid till 30 Sep 2018 and the visa on my passport also has a valid stamped visa till 30 Sep 2018 ( albeit with a different employer, employer A). My current I-797B is with employer C.

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If you had an approval notice with I-94, you wouldn't have to leave the US and return at all. The whole reason you are doing this is to get a new I-94. So obviously you can use your approval notice from C and the valid Visa in your passport to do that.

Note that when  you cross land POE at Canada border in most cases they will not issue a new I-94. You have to specifically ask for it and then they will send you to a building nearby to get the I-94.

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