I797 B - No I94 card ( could not find answers for my situation)

[Diliprajgor]

Hi,

First of all Sorry if this is a redundant question. But I tried to find answers in this forum but could not find it for my situation. I have given my query below

• I Came to USA via Company A on Feb 15 2009. The visa for which Expired July 29 2011. I 94 also was expiring on Jul 29 2011.
  
• I Got employment offer from Company B and they filed my transfer I got reciept notice on Nov 18 2010.
  
• Dec 29 was my last date in Company A. I joined Company B on Jan 2nd 2010 with my receipt of transfer.
  
• On Apr 29 I Checked the status online and it showed my transfer is approved.
  
• It took 15 days to get my document. But in that document I didnt had I94 and it was I797B. Till that date I still had the I94 when I entered US via my first employer and it was valid till Jul 29 2011. it was written in that as "petition has been approved but the request for extension of status has been denied."
  
• Company B told I have to leave the country before my Old I-94 expires get new visa stamped and re enter.(i am not sure)
  
• Mean while I got another employment offer from company C for which visa transfer was applied and it got approved with I-94 valid from Jul 20 2011 till June 2014.
  
• I quit employment from Company B on Jul 27 2011 and joined Company C on Aug 3 2011. I went to India in Mar 2012 and got visa stamped and returned to US last week. Company C has started working on filing GC.
  

My question is am I out of status for the period of my Company B's Approval (APR 29 2011) till I joined Company C. WIll it create any issue during my GC processing

Please clarify...

[kalyan_ac]

You were not out of status.

[Diliprajgor]

one more question.

During my tenure with company B i didnt transfer my Wife's H4 visa as the company attorney told you can do it after mine gets approved but after I got the document he told any way i will be going to India for Visa stamping so you can directly apply H4 for my wife and get it stamped for her.

Her I-94 was also valid till Jul 29 2011 before I left Company B. Company C transferred her Visa along with mine and she too got I-94 till Jun 2014.

But since i changed company before going to India is she considered as out of status for the period i worked for Comapny B?

[livliv]

Consult an experienced attorney on your own ASAP. They will need to file backdated applications or motions for you. This is serious.

[Diliprajgor]

I spoke to my attorney. he told that h4 is Linked to My H1 and not separately as such. So no need to transfer it. if she stayed beyond her First I 94 with out extending then she would have been in out-of-status.

Since her H4 was extended by company C b4 her previous I 94 expired(from Company A) she is not considered out of status.

[livliv]

The above advice while correct is not sufficient to address your situation in my opinion. You should consult a really good experienced attorney like the firm of Murthy. I will advise consulting your own attorney (not your employer's), so that they can protect your interests.

[Sat_org]

hi All,

Please help me as I am kind of stuck between the transfers and need some urgent solutions.

I am in the same situation as Immigration-help-seeker. I have moved to new employer after I get the receipt from the USCIS. My new employer H1B transfer got approved with I797B and without i-94. I am maintaining valid status all the time and even in the I797b no reason was mentioned for denying my extension. Even my attorney not able to find the reason for denying my extension. They have replied to USCIS seeking the reason and to reconsider my case for valid i94.

My Previous employer I797A and i-94 is still valid. But my attorney is telling me that I am out of status from the time my new h1b transfer was applied even though I have valid I-797 and valid(unexpired) I-94 with my previous employer. They are suggesting me go back to my home country and get my H1B stamped.

Could you please help me on the following questions?

1. Am I out of status being the previous I-94 still valid?

2. Can I move to a new employer at this point of time?

3. Since I am out of status as per my attorney will my new H1B transfer will get effected?

4. if I am out of status, Will this out of status will get affect my green card processing at any time in the future?

Thanks

Satish

[Diliprajgor]

Hi Sat_org,

Sorry for the delayed reply. Hope your situation is better now. I want to let you know that after my issue i went for visa stamping in India via Company C and I didn't had any problems and also my Perm & I140 aslo got approved with Company C. Let me know if you find this info useful.