shamkamde Posted August 16, 2013 Report Posted August 16, 2013 Hi I got a new offer with joining date of April 29th 2013. My previous employer while I was working filed for an H1B extension on April 7th 2013. H1B from previous employer was about to expire on April 14th 2013, that why my previous employer filed for transfer and received receipt number on april 7th 2013. With new employer receipt date says may 3 2013 and received approval on August 5 2013, with consulate visit. I have all previous paystub and everything. I stop working for employer A on April 26th 2013 and joined employer B on April 29th 2013. My previous employer which is employer A, revoked my H1B extension on June 14th 2013. In this situation my lawyer sent as application to USCIS stating that person never went out of status and to grant H1B approval. I am leagally allowed to work in USA from August 13, time we recieved new I797B from USCIS with consulate visit. Any suggestions or anyone face similat situation. please let me knoiw.
pontevecchio Posted August 16, 2013 Report Posted August 16, 2013 Was the H1 extension with the previous employer ever approved?
shamkamde Posted August 16, 2013 Author Report Posted August 16, 2013 Was the H1 extension with the previous employer ever approved? No, it was revoked by previous employer on June 14th 2013.
shamkamde Posted August 16, 2013 Author Report Posted August 16, 2013 No, It was revoked on June 14th 2013 by employer A.
pontevecchio Posted August 16, 2013 Report Posted August 16, 2013 Was the extension approved? If the answer is NO then you need the H1 visa. If the answer is YES ,the H1 extension was approved and then subsequently revoked after approval you would have got an I94. In any case you will need the visa now.
shamkamde Posted August 16, 2013 Author Report Posted August 16, 2013 H1B extension filed by employer A was revoked before approval of petition. H1B transfer from employer B is approved without I-94 attached.(I-797B).
pontevecchio Posted August 16, 2013 Report Posted August 16, 2013 Exactly my point. Leave soon and return with the visa.
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