Received I797 without I94

[enterpnr]

I joined company A in Feb 2011, I am working on the client site from feb. through Company A but they did not file for my H1B Transfer on time. Result is I received I 797 without I 94, USCIS is saying I am out of status though I am working for him and have valid pay stubs. I have to come back to India for H1 Stamping to approve my visa. Company A is willing to provide me all the documents but they told me dont say in consulate that you are working for us from feb. Now my question is what should I tell when I go for visa interview, truth or should I say that I started working for him on the date of h1b receipt? How should I present my case in consulate?

[pro10]

I dont think u need to go to india for any kind of visa stamping.You got ur I-797 through consular process because for wharever reason u were OOS and therefore u did not get any I94...all u need to do is do a turn-around that is go out of the USA ( mexico border or Canada border ) may be by road, make a u turn and enter US again and this time show ur new I797 to the CBP and they should issue u a new I94.

However since I am new to this country I would request senior members to comment on this and help you out

[enterpnr]

I thought the same way before but I received a letter from my employer which he got from USCIS and It shows that I was out of status during the stay in US because My new employer file for my transfer late even though He gave me pay stubs in the time which USCIS stated me out of status but he did not presented it to USCIS in fear of being caught. The letter clearly says that Go to your home country for stamping and If they consider your case then only you can come back and work.

[Transformer]

If you are working for shaddy consulting company, it is your responsibility to make sure you are working legally. How can you just start working for them without even looking at the USCIS receipt.

Since you recieved 797 without I-94,crossing the borders won't help. You have to go to home country get stamped and comeback. Consult an attorney immediately (Murthy office in Chennai would be a good option - if you are from India) to discuss your case.

First thing, travel out of USA today. Everyday that you are here, your out of status accumlates.

[enterpnr]

How can we know that which consultancy is good or not when H1B employee is always under stress to save his status. I did not even imagine at that time, even after running my payroll and getting paid He did not applied for my H1 Transfer.