H1B approved without i94

[shivachikkula@gmail.com]

I currently working on L1 visa with validity till Oct 2014. My H1 is approved with out I94. This is my 4th year in US and I was never in out of status . 

 

Can you please let me know what options i have i get the COS approved.

 

Do i need to file amendment or COS? I want to avoid visiting india for H1 stamping since i will not have client letter and other related documents.

 

Please advise.

 

[jairichi]

I currently working on L1 visa with validity till Oct 2014. My H1 is approved with out I94. This is my 4th year in US and I was never in out of status . 

 

Can you please let me know what options i have i get the COS approved.

 

Do i need to file amendment or COS? I want to avoid visiting india for H1 stamping since i will not have client letter and other related documents.

 

Please advise.

If it was not applied as a COS I believe you have to exit and re-enter US with a valid H1B visa. Wait for other members to give their opinion.

[rahul412]

 

Do i need to file amendment or COS? I want to avoid visiting india for H1 stamping since i will not have client letter and other related documents.

 

 

Didn't your employer file for COS?? what did your employer said when you received 797B??

[shivachikkula@gmail.com]

I asked the same question they said they applied it as COS and currently my employer is saying attorney opened a case with USCIS it will take some time to know the status.

 

Is it true that attorney can speak with USCIS ? Is filling amendment is another option instead of going to india for stamping?

[jairichi]

I asked the same question they said they applied it as COS and currently my employer is saying attorney opened a case with USCIS it will take some time to know the status.

 

Is it true that attorney can speak with USCIS ? Is filling amendment is another option instead of going to india for stamping?

Yes, your attorney could contact USCIS about your H1B petition.

[dba.qadir@gmail.com]

I had same issued in 2011.  My employer got me H1b status without COS.  I received H1b without I-94.

 

I spoke to several attorney's and everybody advised me to leave immediately because current student status expired.

 

I was stuck in India for 4 months and got my visa refused due to employer's bad credentials.

 

I suggest you to continue staying in USA until the last month of your current status, meantime try for change of status, if that does not help, then try Toronto but not India.

 

Good luck.

[rahul412]

I asked the same question they said they applied it as COS and currently my employer is saying attorney opened a case with USCIS it will take some time to know the status.

 

Is it true that attorney can speak with USCIS ? Is filling amendment is another option instead of going to india for stamping?

If that's true then your COS was denied. And the reason I guess is what you have mentioned in your earlier post, lack of proper documents.

[shivachikkula@gmail.com]

I was reviewing the pay stubs and what i found was the below which i am worring now.

 

I came to US after visiting india on Sep 15th  But i forgot to  fill the Leave end reporting form hence My pay roll didnt ran For Sep month for 15 days and Oct month.

 

I applied L1 extension in Oct 2012 and it got approved for  2 yrs till 2015. I have applied H1B this year and it got selected in the lottery and i received I797B with COS denied.

 

Is my pay roll which was not ran on Sep(15 Days) and Oct is the cause of the COS denial.

 

Is this is any issue for my future visa?

[rahul412]

Is my pay roll which was not ran on Sep(15 Days) and Oct is the cause of the COS denial.

May be, but their is a reason why you didn't got paid. Talk to your company's attorney about this and if you fix it then that shouldn't be a big deal.

[shivachikkula@gmail.com]

My Company pay roll process is automated. Since i didnlt fill the Leave End Reporting form in time and the deadline is 15 of every month they dont know i am back to US and i was working during that period. But they they paid me the Missed month salary next month.

 

Ok. I will check with attorney.

 

Thanks soo much for your advise.

[shivachikkula@gmail.com]

Today  i received H1B Approval copy from my new employer and the content is below. I am really confused with the subject.

 

Notice Type : Approval Notice

Class : H1B

Valid From : 10/01/2013 to 11/11/2015

 

The above blank petition is approved. Petitional approval doesnot authorize the employment or trainin of any specific employee. When a worked is granted L nonimmigrant status based on this petition, he ot she can work for the petitioner. But only as detailed in the individual Form I129 or (129S petiotion for the period authorized.

 

To Include an individual employee as an intra-company transferee,the particular U.S entity that wished to employee the foreign worker should follow the below that best fits the employee's situation.

 

If the employee is outside the us and requires a visa the us entity that wishes to employ the foreign worker must complete Form I-129S, Nonimmigrant petition based on Blank L petition. The employee must present the I129S to an american consulate or embassy as part of an L1 visa application.

 

If the employee is outside the US and is a visa exempt. the US entity that wished to employe the foreign worker must conplete form I129s, Non immigrant petition base on the Blanket L petiotion. If the employee is eligible under US-Canada Free Trade Agreement, the employee may present the I-129s directly at the US port of entry as part of an application for admission in L1 status. Otherwise the entity should file I-129S at the appropirate service center.

 

If the employee in in the US in other than L1 status and wished to change the status to L1 the US entity wishing to employ the foreign worker must complete a form I-129, Petition for a non immigrant worker and file it as the appropriate service center which processed the original blank petiotion to request a change to L1 status for the worker. These same requirements apply to a request for extension of stay on behalf of an employee who is currently in valid L1 status.

 

Can you please adivse what actions i have to take after reading this content.

[shivachikkula@gmail.com]

Addtional Details is below. I have receive I797 Notice of Action. I heared we should receive either I797A ,I797B or I797C.

 

Receipt Date : April 18 2013

Notice Date : June 16 2013

Case Type : I129 PETITION FOR A NONIMMIGRANT WORKER.