H1B Transfer - Company Bought out - Need Help !!!

[salinasbrad]

Hi,

I am completing 6 years on my H1b next month and have an approved H1b extension(I94 denied) until 2015. But we got bought out by another company and need help on my situation

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 . 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. Returned back on December 28th 2011 and was issued I94 with expiry date of April 10 2012

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 and cannot go to US consulate in India and mention that I work for current employer. I cannot mention new employer either as I would be asked to provide a new employer petition for the stamping.

What can i do next for to manage my I94? what impact does it have on my GC process(approved I140)

Seriously appreciate your inputs!!!

[salinasbrad]

Update - I was notified today that my nea employer is using "Succcessor In Interest" provision to handle our H1b's.

How does that impact my case and would i still need to goto India for stamping? Experts need your help !!

[kalyan_ac]

Just get your I-94 extended or new one from a CBP office near you.

You dont have to go for stamping for a new I-94.

You should have done the same thing in 2011 when you got your passport renewed.

[salinasbrad]

Thanks immigrationseeker , would CBP extend the I94 with just a petition and not Visa ? When i called them , they were very rude on the phone and said its not their mistake. They only handle corrections.

Any thoughts ??

[kalyan_ac]

Thanks immigrationseeker , would CBP extend the I94 with just a petition and not Visa ? When i called them , they were very rude on the phone and said its not their mistake. They only handle corrections.

Any thoughts ??

You need a visa only to enter back into the states, however you need a I-94 to stay legal here.

Extending the I-94 should do it however i have been reading a lot of posts which says the CBP is not extending the I-94 anymore like it used to do in the past. So i am little outdated on this topic, please consult some with more expertise on this.