H1-B change of employer and got I-797 without I-94 (I-797B)

[Greenon9thDEC]

Hi all,

I am in trouble. Please help me understand it.

I've never been out of status. i WORKED FOR MY PREVIOUS EMPLOYER (EMPLOYER-A) FROM MARCH 2008 - APRIL 2012. EMPLOYER-A DID AN H1-B EXTENSION IN JULY 2011 AND GOT IT APPROVED TILL SEPTEMBER 2014 WITH THE NEW I-94 CARD.

IN APRIL 2012, I WENT TO WORK FOR EMPLOYER - B. THEY DID MY VISA TRANSFER AND ON JUNE 25, I GOT I-797B (I-797 WITHOUT I-94). IT SAYS I'VE BEEN FOUND INELIGIBLE FOR EXTENSION OF STAY.

I was never out of status since I entered the United States on F1 in 2006. OPT started on time and I got a job on time and all the i-94 and petition dates were in order. No gap.

Why suddenly no I-94. The I-797b says that they have mailed a separate explanation letter with the approved petition but it's been 15 days My lawyer hasn't received it. I have been out of status and since June 25 and employer has asked me to stop working since then.

Should I still wait for the letter to see if it's an error or should I leave the country and go for stamping. I don't mind in that but I don't want to go without knowing the reason that why CIS did this.

One important thing to mention is that when I got a job with employer - B, their lawyer asked me to submit visa document to him for in Feb 2012. He file transfer at the end of March 2012. So, the pay-stub went with the petition was from Feb 2012.

Do you guys think that may have caused confusion. May be USCIS is thinking I was out of status in March 2012. I talked to my lawyer and he said that if that would be the case, They would have gotten RFE. but they didn't. The lawyer says it's USCIS discretion to approve my petition like this. He hasn't recieved any letter from USCIS and now asking me to go for stamping.

What should I do?

Thanks.

[wiweq]

You don't have any option but you leave the USA and go for stamping. I would suggest not taking the stamping date until you get the reason behind this denial of extension. This would help to explain the reason during stamping. All the best.

[chtummala]

it can be misfiling in documents also ..

[Greenon9thDEC]

Thank you both of you.I realized that a month ago when I checked my case status online on USCIS website, It showed RFE. So, this afternoon, I asked my lawyer if he got an RFE, why wasn't I notified. Ok.....That's fine.....Can he send me a copy of RFE and response that he sent to USCIS?

I got it and I was reading it. First thing asked in the RFE was 3 months pay statements. Second thing was that my 6 years of H1-b expires in 2014. Lawyer put 2015. USCIS wanted it to be corrected.

Lawyer only responded to second part of the RFE with the correct expiration date. He never submitted nor asked me my 3 month pay stubs. That's where everything got screwed up.

Now, after talking to my previous company attorney, she said the explanation letter from USCIS always comes with the I-797b. It's been 20 days (I've been out of status), and still my lawyer says that he hasn't received anything yet. Is he lying since he screwed up?

Well, I got an advise from my previous company attorney that I need to tell them to do amended I-129 with a premium processing. That will get me a corrected i-94 with the corrected I-797.

I will tell my lawyer tomorrow and see what happens. But seriously........what an careless amateur he is. Doesn't know his job at all. Put my whole career at risk.

[wiweq]

Ask to the employer/ attorney to write you and email/ letter that it happened due to their mistake. Take this letter with you if you go for stamping. Also keep this letter for any further immigration matters, like GC filing.

[pontevecchio]

I suspect that if you take a belligerent tone you will lose your job. Ask your supervisor and HR what they want you to do.