Initial Petition Revoked, Transfer Approved, do I need to go for VISA stamping again

[wonders]

Hello There,

 

My initial I797 petition from company A has been revoked by USCIS with NOIR on 8-Apr-19. When I received the NOIR I found another employer B and filed a transfer petition, however employer B submitted the documents on 11-Apr-2019. On 12-Apr-2019 I received receipt number and the transfer petition has been approved on 15-Apr-2019, under consular processing with Start Date as 01-May-2019 to 30-Apr-2021. USCIS has gave the i94 numbers as my previous i94 number. My initial Petition was till 31-Aug-2019 before revocation, Visa Stamp on Passport is valid till 31-Aug-2019. Now I am confused and have few questions:

 

1. As there is a gap of 2-3 days between revocation of initial petition (employer A) and new transfer petition (employer B), am I out of status?

2. Do I need to book a visa appointment again based on employer B I797 documents and go for stamping?

3. Is it okay to cross the border and get the i94 updated? PS: My VISA on Passport is valid till 31-Aug-2019.

 

I consulted an attorney and attorney confirmed that I can cross the border, update i94 and start working from 01-May-2019. 

 

Please advice.

 

 

[shekar11#]

On 4/18/2019 at 4:12 PM, wonders said:

Hello There,

 

My initial I797 petition from company A has been revoked by USCIS with NOIR on 8-Apr-19. When I received the NOIR I found another employer B and filed a transfer petition, however employer B submitted the documents on 11-Apr-2019. On 12-Apr-2019 I received receipt number and the transfer petition has been approved on 15-Apr-2019, under consular processing with Start Date as 01-May-2019 to 30-Apr-2021. USCIS has gave the i94 numbers as my previous i94 number. My initial Petition was till 31-Aug-2019 before revocation, Visa Stamp on Passport is valid till 31-Aug-2019. Now I am confused and have few questions:

 

1. As there is a gap of 2-3 days between revocation of initial petition (employer A) and new transfer petition (employer B), am I out of status?

2. Do I need to book a visa appointment again based on employer B I797 documents and go for stamping?

3. Is it okay to cross the border and get the i94 updated? PS: My VISA on Passport is valid till 31-Aug-2019.

 

I consulted an attorney and attorney confirmed that I can cross the border, update i94 and start working from 01-May-2019. 

 

Please advice.

 

 

Since you have an existing visa stamp you can cross the border and get your I-94 updated.

But I have one question. You say that USCIS has gave the i94 numbers as my previous i94 number. If you received an I-94 why is your attorney asking you to go out of country.

[wonders]

I crossed the border yesterday (04/23) and CBP officials said one should not cross the border to update the I94. CBP officials first question was,

1) CBP: How long were you in Mexico. Ans: It was just one day

2) CBP: Why did you travel to Mexico border and entered USA border. A. To update I94.

3) CBP: Why you did not have I94 attached to your I797B

4) CBP: As you do not have I94 with I797B, you need to go for stamping. I94's cann't be updated at Land Border in cases where I94 is not attached to I797B.

On humanitarian grounds they let me in USA and asked to go for stamping ASAP. So crossing border to update I94 is not same as old days. It is a risk and cannt guarantee the I94.

 

[shekar11#]

On 4/24/2019 at 3:00 PM, wonders said:

I crossed the border yesterday (04/23) and CBP officials said one should not cross the border to update the I94. CBP officials first question was,

1) CBP: How long were you in Mexico. Ans: It was just one day

2) CBP: Why did you travel to Mexico border and entered USA border. A. To update I94.

3) CBP: Why you did not have I94 attached to your I797B

4) CBP: As you do not have I94 with I797B, you need to go for stamping. I94's cann't be updated at Land Border in cases where I94 is not attached to I797B.

On humanitarian grounds they let me in USA and asked to go for stamping ASAP. So crossing border to update I94 is not same as old days. It is a risk and cannt guarantee the I94.

 

Woww. This is new info.

[luck2u]

@wonders: Thanks for posting your experience! May I know which border have you crossed and returned to USA?

[wonders]

I went to Brownsville,TX border.