I797B Approved instead of I797A - WHY?

[Chinnu126]

Hi

1. --> I came to US in Jul 2008 thru company A (I94 valid till June 2010).

2. --> Feb 2009 Applied for H1 to company B. (Got the transfer approved as I797A till Dec-2012).

3. --> Aug 2010 applied for H1 transfer to company C(Got the transfer approved as I797B till Feb 2012).

While applied for transfer to Company C, I have valid pay stubs and everything. but still got 797B instead of 797A.

Employer told me that USCIS is randomly approving I797B and I am one of them. Not sure whether that is true or not...

Issue:

Can anyone tell me whether I need to go out of country for stamping?

My employr told me that I need to go and he suggested me to go to CANADA.

My issue is I have pay stub for only one month during the Year 2009 and so I am worried if they ask me for the W2. So I am againest to go out of country.

Can anyone give suggestions please on this situation? and also please let me know the options.

I would also like to know, whether I will be out of status if I dont go for VISA stamping??

Please respond

[immigrant_rookie]

Originally posted by Chinnu126:

My issue is I have pay stub for only one month during the Year 2009 and so I am worried if they ask me for the W2.

---> That's the reason why they didn't give you a new I-94. You didn't maintain status because you did not get paid.

So I am againest to go out of country.

---> I don't think you have any choice. You are out of status can not stay here. When you are out of status, you cannot change status or extent status within the US. You have to leave the US and re-enter with a valid visa stamp.

I would also like to know, whether I will be out of status if I dont go for VISA stamping??

---> You already are out of status.

[Chinnu126]

So what is the chance that I can get my VISA approved in this scenario?

[MRH1BB]

Hi Chinnu,

Could you please let me know what happen to your case.Mine also same situation ,but i have all valid paystubs for last 4 months.Even then i did not get my I-94.I still did not start work with new employer.New employer is asking to for stamping to get the I-94.Mine is Fortune 500 client.Will there be any Visa Issues.