What after I129 approved.

[rohang]

hi,

I am currently on L1B visa, which is going to expire in DEC 2012 (completing 5 years) , along with I94. I am currently in USA.

In April 2012 my employer had applied for my H1b, I just saw on USCIS site that my application status is -> we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283

What are my/employer next step, do they need to apply for I797, or it automatically comes after 1129? Basically i want to get updated I94 without going outside USA, so that i can extend my license and house lease.

Pardon my ignorance, i am not very much familiar with H1b processing topic.

Thanks.

[phoenixbird]

RohanG,

Your I-129 approved means you will receive new I-797 automatically from USCIS ( USCIS will mail it to your employer) , You will come to know duration of approved H1-B only after seeing I-797.

You can stay in USA till that end date without having H1-B stamped on your passport but can not travel outside USA... If you need to travel outside US you need to get Visa stamped on your passport to get back in US.

[JoeF]

The employer gets the I-797, i.e., the approval notice. If it was filed for Change of status (COS), it will have a new I-94 at the bottom.

[rohang]

Thanks for clarification.

[rohang]

hi,

One more Question, my Employer just informed me that instead of filing for a change of Status (L1->H1), they filed for a fresh H1, so thr wont be any I94 attached with I797.

I just want to understand is that a right approach? or just a mistake from my employer/lawyers part? as now i have to leave just to get updated I94.

Thanks