I-797B instead of i-797A without I-94


skk

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Hi,

My H1 was approved on november 19th and I recently applied for a full time position with other organization and when my visa transfer to new employer started they mentioned that i need to get stamping before working on H1 as i was having I-797B before moving to their company.Then i looked at my H1 copy and it says I-797B and it doesnt have i-94 attached .I did some research and found I-797B is given for people applying H1 outside USA but i was on OPT and i needed visa transfer from F1 to H1 and was supposed to get I-797A .I verified with my employer and he says they applied in a correct manner visa transfer from F1 to H1 and they put ticket with USCIS and waiting for case officer to reply.My opt is expired march1st 2013 and i applied H1 last year june.

Please suggest me how can i proceed to resolve this issue and where was the mistake made.

Thanks

skk.

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If this was an error of USCIS, it must be fixed by the employer, preferably working with a qualified attorney. If you did not properly maintain F-1 status, then the change of status to H-1B may have been properly denied. Most likely you have not accrued unlawful presence, but that is impossible to tell without seeing all communications with the USCIS (i.e. petition and responses by employer, and any letter or other document issued by USCIS). If you accrued unlawful presence, then leaving the US could cause serious problems for you. It would be best for you to have your case reviewed by a qualified immigration attorney.

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Attorney25:

Hi,Thanks for the quick response .As per the comments from my employer he says it is mistake by uscis and He said i can work during this time and there should be no problem in running payroll.Even when i was student i did properply maintain my status and graduated without violating uscis rules.I was worried about the same but employer says their attorney is confident on solving this issue easily and

Is there anything else i can check with my Employer and his attorney to make sure that i have not accrued unlawful presence and My employer says " we will have our next steps defined once we speak with the case officer(uscis said it will take 2 to 2 weeks for a case manger to reach my employer and attorney regarding the ticket they put with uscis)"

Please let me know your thoughts on my situation as im really tensed after this issue came up few days back .

Thanks

skk.

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