master01 Posted June 2, 2011 Report Share Posted June 2, 2011 Hi, If anyone has faced this situation please help me. My I94 expired on SEPT 2010 along with my visa validity. But before that I applied for H1 renewal and after 1 RFE, H1 was denied. My employer created a new H1 request and this got approved in May 2011 with I797B. Am I eligible to go Mexico for stamping? or Do i have to go to INDIA. Am I eligible to work here legally till I get visa appointment date? Because I heard now a days its taking 2 to 3 weeks to get an appointment date. In I797B they haven't mentioned about when to leave the country for stamping. I heard in INDIA situation it pretty bad. Please help me if anyone has gone through this situation. Link to comment
Attorney_7 Posted June 3, 2011 Report Share Posted June 3, 2011 Generally, an I-797B does not confer one with any status in the U.S. It is an approval of a petition without an approval of the Beneficiary’s status. With an I-797B, generally, the Beneficiary is not allowed to work for the H1b petitioner in the U.S. until he/she travels outside the U.S. and returns with a valid H1b visa. It seems that there may be a serious issue with your current status. It is strongly recommended that you consult an experienced immigration attorney as soon as possible. Link to comment
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