Univemp Posted August 29, 2011 Report Share Posted August 29, 2011 Hi, I worked for a State Univ on an H1B from february 2007 to January 2010. While still at the Univ, they applied for an extension of my H1B and got an extension in November 2009 with validity extended till January 2013. I also got a new I-94 along with this. Meanwhile, I interviewed at another State Univ and got a tenure-track position. I terminated my H1B employment at 1st State University on June 30, 2011 and started employment at 2nd State University on July 1st 2011. However, the HR at 2nd State Univ applied for premium processing of my H1B transfer only on August 4th 2011. The USCIS approved the petition on August 26th 2011. This is the e-mail they sent: Receipt Number: WACXXXXXXXXXX Petitioner: XX STATE UNIV Beneficiary: XXX XXX DOB: XX/XX/XX Classification: H1B Starting Validity Date: 08/25/11 Ending Validity Date: 06/30/14 Consulate notified (if applicable): PRAGUE I-94 # (if applicable): XXXXXXXXXXX I am still awaiting the original I-797 by mail. My question is: Do I need to leave the US and go for visa stamping in India? My first H1B was approved from prague because I was working in the CZ at that time. Now I am no longer in the CZ. Does this notice mean that I will not have the I-94 even though they gave a number, and I have to o to a Consulate in my home country and get a new I-94? Link to comment
cowboys26 Posted August 29, 2011 Report Share Posted August 29, 2011 You dont have to leave USA. ITs clearly mentioned your i94 is extended till middle of 2014. Link to comment
Univemp Posted August 29, 2011 Author Report Share Posted August 29, 2011 Is there anyone with a condition like mine? I would like to add that I submitted my resignation to State Univ 1 with an end date of June 30, 2011. State Univ 2 hired me and I got my July 2011 paystubs (semi-monthly) and then the HR dept realized they had delayed in transferring my H1B and submitted for premium processing on August 4th. Now, I am technically not an employee of the State Univ 2 till they get the formal approval notification of the I797. Am I accruing out-of status as long as I stay in the US? If I have to travel to India after I get the formal approval notice which was despatched on August 26th (maybe second week of September) would this affect my chances of getting H1B stamp in India? Link to comment
Univemp Posted August 30, 2011 Author Report Share Posted August 30, 2011 Hi, Is there anyone out there who got a similar e-mail notification to me (see above 1st post)? Did they get their I-94 along with Original approval notice? Help! Link to comment
Univemp Posted August 31, 2011 Author Report Share Posted August 31, 2011 Ok, I have now received the Original I797 Notification and its I797B i.e. without the I-94. I have decided to leave the country ASAP and seek appointment at Consulate in India for H1B visa. The only issue I am worried about is that, while this entire process was going on, I was out of status ...will that affect my chances of getting the visa? Link to comment
Univemp Posted September 1, 2011 Author Report Share Posted September 1, 2011 While I write this, I have made my plans to leave the US ASAP and go for H1B (I-797B) visa stamping at the Consulate in India. Just now I came to know that my I-140 under both EB1A and EB2 (NIW) has been approved without any RFE...outright! I submitted the application under both categories at the Texas Service Center on September 1st 2101 . Hopefully I get my H1B stamped without issues and come back and file for adjustment of status (I-485) and GC using approved EB1A. Any thoughts on how things will turn out? [This message was edited by Admin on September 02, 2011 at 09:04 AM.] Link to comment
Univemp Posted September 3, 2011 Author Report Share Posted September 3, 2011 A reputed Immigration attorney along with my own attorney who helped me file the I-140 suggested to file for adjustment of status right away since I-485 is current for India under EB1A(EA) category. I would then have AP and EAD in 90 days and resume work at the University. Now its a question, how I will survive 90 days without salary... Am seriously considering this option too... Link to comment
Univemp Posted November 21, 2011 Author Report Share Posted November 21, 2011 Anyone reading this post...this is an update to my situation. I went ahead and filed for AOS because my PD was current on EB1A. Was able to transfer some funds from India to my account here and have been surviving on that...Things have gone smoothly till filing of AOS, my Biometrics was delayed by 62 days...have a month more to go before I get my EAD/AP. Will starting teaching from Spring semester, and I hope to have EAD by then, if not my GC. My attorney tells me that GC will be in hand before the year is out... I will be able to get back on job only after receiving my EAD...keeping my fingers crossed. Link to comment
Univemp Posted December 7, 2011 Author Report Share Posted December 7, 2011 Ok, here is the update: Had my biometrics done after 61 days and then the EAD/AP combo card arrived in a week. I am back on the job, now waiting for my GC. Link to comment
Univemp Posted January 9, 2012 Author Report Share Posted January 9, 2012 Here is another Update: My I-485 has been approved on January 7, 2012. This is 101 days since filing AOS and exactly 1 month after receipt of my EAD/AP combo card. Card Production has been ordered... Link to comment
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