rsodhani Posted June 26, 2014 Report Share Posted June 26, 2014 My I-797 from present employer expired in May 2014 but I my H-1B visa and I-94 are valid till Jan 2015. * Is it legal for me to work without getting the current I-797 renewed?* Is it legal for me to stay in USA when I-797 is expired but I-94 is valid? Link to comment
jairichi Posted June 27, 2014 Report Share Posted June 27, 2014 1. No. You are working illegally from June 2014. 2. No. Link to comment
rahul412 Posted June 27, 2014 Report Share Posted June 27, 2014 My I-797 from present employer expired in May 2014 but I my H-1B visa and I-94 are valid till Jan 2015. * Is it legal for me to work without getting the current I-797 renewed? * Is it legal for me to stay in USA when I-797 is expired but I-94 is valid? No that's not illegal, you H1 is expired when your 797 was expired. VISA is not required to work, its only required to enter into US. Link to comment
rahul412 Posted June 27, 2014 Report Share Posted June 27, 2014 No that's not illegal, you H1 is expired when your 797 was expired. VISA is not required to work, its only required to enter into US. Typo error, its illegal. Link to comment
jairichi Posted June 27, 2014 Report Share Posted June 27, 2014 No that's not illegal, you H1 is expired when your 797 was expired. VISA is not required to work, its only required to enter into US. Rahul412: It is not visa that has expired. It is I797. Petition validity is a must. Link to comment
rsodhani Posted June 27, 2014 Author Report Share Posted June 27, 2014 Thanks guys for your trunaround. My attorney from present job is saying that its legal for me to work based on I-797 which I used for stamping (which is valid till Jan 2015 and was from a different employer) and I-94 which is also valid till Jan 2015. So you both are saying that I should have a valid petition from current employer to continue working. Correct? jairichi you mentioned that its not legal for me to stay. If I-94's validity doesn't makes it legal to stay? Link to comment
wiweq Posted June 27, 2014 Report Share Posted June 27, 2014 As soon as H1b petition is expired, the beneficiary will start accruing 'out of status' days. Any work after I797 expiry will be counted as work without 'work-authorization'. Now OP has two options: 1. If spouse is on H1b, do COS to H4. Because OP is currently out of status, H4 may be approved with Counselor Processing. 2. Reenter in USA after getting H4 visa stamping. Link to comment
rahul412 Posted June 27, 2014 Report Share Posted June 27, 2014 So you both are saying that I should have a valid petition from current employer to continue working. Correct? Yes. Link to comment
jairichi Posted June 27, 2014 Report Share Posted June 27, 2014 Thanks guys for your trunaround. My attorney from present job is saying that its legal for me to work based on I-797 which I used for stamping (which is valid till Jan 2015 and was from a different employer) and I-94 which is also valid till Jan 2015. So you both are saying that I should have a valid petition from current employer to continue working. Correct? jairichi you mentioned that its not legal for me to stay. If I-94's validity doesn't makes it legal to stay? That is strange. Your old petition is no more valid as an employer has to revoke the H1B petition the moment you quit working for them. I94 does not stand alone for H1B. Petition validity is also required. Talk to an independent attorney to be double sure. Link to comment
Paralegal14 Posted June 27, 2014 Report Share Posted June 27, 2014 rsodhani.... u get proper response frm d members here. U may need to present facts properly to ur attorney. The current I-797 (must be after getting H1 Tfr.) has overrode the last H1 I-797 validity. Ur I-94 must be having a new validity in the bottom of current I-797. That is the final work authorization date. One may invite permanent bar of 3 years if they exceed 180 days from the last work authorization expiry date. Please ignore if I not got ur things properly. Link to comment
rsodhani Posted June 28, 2014 Author Report Share Posted June 28, 2014 Thank you all for your responses. I also understood that this is not legal for me to continue working. Please guide me through possible options. * should I file for I-797 extension now through same company? If yes, what are the chances of approval ? and also, if premium processing will be beneficial than regular? * should I come on H4 immediately and explain the situation there? * if either of these scenarios require consulate processing? Please add if you have any other suggestions. It is time critical for me so quick responses will be appreciated. Thanks. Link to comment
jairichi Posted June 29, 2014 Report Share Posted June 29, 2014 Thank you all for your responses. I also understood that this is not legal for me to continue working. Please guide me through possible options. * should I file for I-797 extension now through same company? If yes, what are the chances of approval ? and also, if premium processing will be beneficial than regular? * should I come on H4 immediately and explain the situation there? * if either of these scenarios require consulate processing? Please add if you have any other suggestions. It is time critical for me so quick responses will be appreciated. Thanks. Best option is to talk to an attorney. I believe you will need to exit US asap. Let employer file a cap exempt H1B petition and on approval travel to US with a valid H1B visa and new I797. Link to comment
rsodhani Posted September 23, 2014 Author Report Share Posted September 23, 2014 Just wanted to update with the case status... I have received approval on my H-1B application with new I 94. There was no RFE/consulate processing. My case was approved within 2 months. Link to comment
jairichi Posted September 23, 2014 Report Share Posted September 23, 2014 Just wanted to update with the case status... I have received approval on my H-1B application with new I 94. There was no RFE/consulate processing. My case was approved within 2 months. Good to know that and thanks for your update. Link to comment
wiweq Posted September 23, 2014 Report Share Posted September 23, 2014 Just wanted to update with the case status... I have received approval on my H-1B application with new I 94. There was no RFE/consulate processing. My case was approved within 2 months. Good to know that and thanks for sharing !! Link to comment
sangeetha21 Posted October 21, 2015 Report Share Posted October 21, 2015 I'm in similar situation. My i797 expired in Jan 2015. I missed to notify my employer for i797 renewal. My visa is valid till 2018. Please advise. Link to comment
jairichi Posted October 21, 2015 Report Share Posted October 21, 2015 I'm in similar situation. My i797 expired in Jan 2015. I missed to notify my employer for i797 renewal. My visa is valid till 2018. Please advise. Contact employer/attorney immediately as you are performing unauthorized work from Jan 2015 and illegally present in US. Link to comment
rahul412 Posted October 21, 2015 Report Share Posted October 21, 2015 I'm in similar situation. My i797 expired in Jan 2015. I missed to notify my employer for i797 renewal. My visa is valid till 2018. Please advise. VISA doesn't matter when you are inside the US. What matters is a valid 797 with I94. That's weird that your employer doesn't keep track of his employees legal status and now you are in trouble. If your I94 is expired in Jan and you don't have new I94 then you are in trouble, contact an attorney ASAP and find another employer. Link to comment
sangeetha21 Posted November 3, 2015 Report Share Posted November 3, 2015 My employer is yet to come back on this. Can another employer do my transfer with my i797 status? Link to comment
jairichi Posted November 3, 2015 Report Share Posted November 3, 2015 My employer is yet to come back on this. Can another employer do my transfer with my i797 status? You need to contact an attorney now. Your status is illegal and you are looking at a ban. Link to comment
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