i-797 approved but extension of stay denied

[ketanbparekh]

Dear All, I am in confusing situation.

I was working for a company x, got laid off and they notified uscis after 2days. I went for searching job, gave interviews and got offered after second week. By third week my employer filed for h1b transfer in premium processing.

We got query, we submitted required documents. We got receipt by email of I-797 approval for 1 year. We then got the hard copy with approved i-797 and a letter saying my i-797 is approved but my extension of stay is denied (did not got the new I-94 so payroll cannot be generated).

Because the time my visa got revoked and new petition filed has 14 day gap so my status is not maintained. It also says my approved H1B I-129 has been sent to Mumbai Consulate.

I had earlier got visa stamped this year with the old company till Sep 2013. What should I do? My employer says you can goto Canada, Mexico and come back to get new i-94 back. Do I need to goto Mumbai consulate for stamping again even if I have visa till Sep 2013. How long I can stay in the country.

Thanks, please provide me Guidance.

1-797 approved but extension of stay denied

[Chitown01]

Hello ketan,

Did your I 797 b say explicitly say that extension of stay was denied because you were out of status for 14 days?

Did you strart working with the new employer after you get receipt number??

Are you going to mumbai consulate for stamping?

[ketanbparekh]

Hi,

The I-797 does not say that explicitly but a separate letter has came that says that. I worked when the application was filed but after we received the letter I have stopped working.

I am confused as many are saying no need to go to Mumbai.

Thanks, please advice.

[Chitown01]

Check with your attorney do what he says.... any way to contact you? My details are on my profile

[madhu2079]

I was in the same situation way back in 2007, i applied for H1 transfer to new employer but my earlier employer dint revoked my H1, so i was in status till i got the extension denial...I went to Canada after a month or so (i was working for new employer by then) and got my New I94 without any issues(not sure if this still works, so be prepared for worst case scenario)

[Chitown01]

Hello Madhu, thanks for the information but if your employer did not revoke your h1 why did they deny your extension ?.. Just Curious

[ketanbparekh]

Chitown, I have sent you a test mail.

[madhu2079]

I worked only for 2 months with my previous employer and dint had payslips...

[murphyd]

Exit and re enter the country.

[sumagowda]

I had a similar situation. It all went well. I left the country for visa stamping when I got the letter.

 

Interview was only for a 1min, but line to get in was 1 hour. Here were the questions asked:

1. What is your salary?

2. Are you working directly with the employer?

3. Are you going back to the same job position?

4. What is your maximum education level?