I 797 doesn't have I-94

[kchag99]

Hi i would like to post my situation that i need experts help

I came here on Feb 2nd 2012 on H4 and have Valid I 94 until Oct 2013.

I transferred from H4 to H1 in May 2012 using Cap-gap and started working for Company A.

I got my I 797 Approved and Valid I 94 Was stamped on my I 797 Until June 10th 2013.

I transferred to Company B in Sept 2012 and I got approved petition which doesn't have any I 94 Stamp. And my I 797 Was approved until Sept 2015 and It states in the Visa petition approved from Sep 2013 to Sep 2015. My project ended recently on May 1st and as the Company told that they would Cancel my H1.

So what are the best Options that I have right now.

As i have valid I 94 on the 1st I 797 until June 10th can i transfer using that? or have to leave the Country after June 10th ? or as I am on H4 would i have to again transfer from H1 to H4? or Is it enough to get a project ASAP and transfer my H1 Without leaving the Country?

Please let me know.

Regards

Kranthi

[omshiv]

Kranthi?? is that your real name?

anways, either you probably might have received 797B, for which you'll have to leave the country and come back with a stamped visa, else you'll have to get it corrected with USCIS if you received 797A without I-94 attached.

[t75]

Petition approval length is different from I-94 date.

[livliv]

Are you currently working for A or B? Is the I-94 corresponding to your current employer valid? When is your last day at work with the current employer?

Another employer can file a petition for you, but it must be filed (receipt date) before your last day at work.

[kchag99]

Hi Members,

Thanks for your responses. The thing is I completed my project with Company B on May 27th.So my Employer cancelled my H1B After i completed my Project.

I came here on H4 and then Converted to H1 on COS with my 1st Employer.

So i have Valid H4 Stamping and Valid I 797 Until Oct 2013.

My new employer is suggesting to go to Mexico or Canada to get new I 94 as he can Apply for new H1 After 3 to 4 weeks on COS.

[livliv]

Since you joined B even when their petition was not approved with I-94. That itself makes you out of status.

Since your H1 I-94 has not expired, you are not illegal yet.

Now you are not working for either A or B, that also makes you out of status.

So you must leave the US. You can return with your H4 Visa if it is valid (assuming your spouse is maintaining H1 status). You will not be able to work in that case unless B again files a petition with change of status and it gets approved.

While outside the US you can also apply for H1B Visa based on B's petition and return directly in H1B status.

[kchag99]

livliv,

Thanks for your response few months earlier. As per my attorney's suggestion ,I left u.s and entered back to u.s with new I-94.(As i had valid H4 then) and from then to till this date i had been on H4.

Now my question is my H4 Visa is expiring on Oct 31st 2013 and I am going to Jamaica for my H4 Renewal with my wife.

 

Would my previous things would be taken into consideration? 

 

Please let me know.