F12H1 Posted January 15, 2013 Report Share Posted January 15, 2013 Hello All, Below is my case, 1) I was laid off in Oct 2012 and my H-1B was revoked on Dec 22 2012. Expiry date of Visa on passport is Oct 2014 2) I applied for a visitor visa in Oct itself but that was denied on Jan 3. 3) H-1B for my new employer was filed on Nov 16, 2012 and was approved on Jan 15, 2013, below are the details from the email. Beneficiary: XXXXX DOB: XX/XX/XXXX Classification: H1B Starting Validity Date: 01/15/13 Ending Validity Date: 11/14/15 Consulate notified (if applicable): MUMBAI I-94 # (if applicable): 4905630XXXX Now my question is 1) Do I have to leave the United States at all, cause earlier I was being advised that my H-1B will be approved without and I-94 and I have to fly out to get a new I-94. 2) If I have to fly out do I need to go in for the consulate interview? 'Consulate notified' option is filled in the details above. When I moved from F1 to H1 in Oct 2011, the consulate notified option was empty. Thanks, F12H1. Link to comment
kalyan_ac Posted January 16, 2013 Report Share Posted January 16, 2013 Did you get the I797, does it have a I94 at the bottom of the I797. Link to comment
F12H1 Posted January 17, 2013 Author Report Share Posted January 17, 2013 Did you get the I797, does it have a I94 at the bottom of the I797. I am yet to receive the physical copy, the details above are from a courtesy email from the Vermont center. I will post details of the actual copy once I receive it. I was under the impression that I will get an H-1B approval without the I-94 but then confirmation emails suggests that a I-94 is going to be issued. Thanks, F12H1 Link to comment
alluri_a_varma Posted January 19, 2013 Report Share Posted January 19, 2013 I have a similar situation .. it was a COS from F2 to H1 and presently we do have a valid I94 with D/S - Duration of Stay i.e till the expiry of I20. The same I94 number was printed on the approval mail. Ideally , the i20 expiry is till 2017 , hence I94 expiry is also valid till 2017( when status is D/S ) this new H1 starts from feb,2013 till 2015 , so what do you all think , will i still need to go back india even if my I 797 does not have the I94 number ? We are yet to get the hard copy, below is how we received the mail.And USCIS website is showing the Decision as "Approved". Also i am assuming if my I 797 does have my I 94 number i need not go anywhere.( Please confirm this ) Beneficiary: XXXXXXXX DOB: XX/XX/XX Classification: H1B Starting Validity Date: XX/XX/13 Ending Validity Date: XX/XX/15 Consulate notified (if applicable): CHENNAI I-94 # (if applicable): 3XXXXXXX PLEASE ADVISEEEEe Link to comment
F12H1 Posted January 21, 2013 Author Report Share Posted January 21, 2013 I have a similar situation .. it was a COS from F2 to H1 and presently we do have a valid I94 with D/S - Duration of Stay i.e till the expiry of I20. The same I94 number was printed on the approval mail. Alluri, Based on my limited knowledge I can say that your case is different than mine, I was out of status once I lost my job in Oct. From your post it does not look like you have ever been out of status. Additionally I was on H1 tried to go to B2 then come back on H1. Imp question on whether you can start working right away or have to fly out for stamping can be answered better by experts. One request on my part, it would be best if you can post your question in a fresh thread and then link it to this or refer this thread in that to ensure that this thread do not loose its flow. Thanks, F12H1. Link to comment
F12H1 Posted January 22, 2013 Author Report Share Posted January 22, 2013 Did you get the I797, does it have a I94 at the bottom of the I797. Hello Immigrationseekar, I got the approval in mail and it does not have an I-94 attached, its a I-797-B approval. Below is the text from the approval, could you please review and let me know if I need to go for a stamping? Page 1 of 2 - https://www.dropbox.com/s/gn4jdrhq2a8obqo/H1-B%20approval%201%20of%202.PNG Page 2 of 2 - https://www.dropbox.com/s/t9llridw7fxdw4n/H1-B%20approval%202%20of%202.PNG Thanks, F12H1 Link to comment
binoca82 Posted February 2, 2013 Report Share Posted February 2, 2013 Your petition is approved for consualr processing. If you are still in US, you must leave ASAP ! Get H1 stamped abroad then return to US. It seems that you were out of status since Oct 2012. Make sure that you explain the situation properly when you attend the visa interview. Link to comment
kalyan_ac Posted February 4, 2013 Report Share Posted February 4, 2013 Second the response from binoca82. Link to comment
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