H1B - Transfer (New Company bought existing one ) - Need Help!!


salinasbrad

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Hi,

My current company just got bought out by a new company and would be effective soon. I am completing 6 years on H1b next month.

Sequence of Events

1) 4th Feb 2011 - H1 Visa Stamping done in India . Visa Issued with Expiry date of 31st March 2012

2) 18th March 2011 - Entered US and I94 issued with Expiry of 21st Oct 2011.

Reason for Expiry date - Passport End date. My passport was set to expire on 21st Oct 2011 , hence was given I94 only till that date by Airport CBP.

3) 31st October 2011 - Current Employer applied for H1B Extension. Received communication from USCIS on December 13th 2011. H1b Extension approved(4/1/2012 - 3/31/2015) , but I94 denied

Reason for denial - H1B extension was applied(10/31/2011) after my I94 was expired(10/21/2011)

4) 24th December 2011 - I travelled to India to get a new I94(using existing visa) Returned back on December 28th 2011 and was issued I94 with expiry date of April 10 2012

Reason for Expiry date - Visa End date

Issue:

My current I94 expires on April 10 2012 . For me to be able to work past that date , I have to travel to India to get my visa stamped and get a new I94. But this petition is for current Employer and is valid only from April 1 2012. But on April 1 2012 , I would be employee of the new Company that bought ours. I cannot go to US consulate in India and mention that I work for existing employer. I cannot new Employer either as I would be asked to provide a new petition for the stamping.

Need your help in understanding what should be my next step???

How does it impact my GC ? i have an approved i140.

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