H1B Aproved withut I94

[ram_sri]

Hi .. My h1b got apprved last year. My approval dates were oct 1 2012 thrugh sep 30 2013. But my status transfer from F1 to H1b is denied, because i travelled out of the country while i applied for my new H1b and came back on my OPT. I just came t know about it sep 13 2013. My employer and attorney failed to let me know about a denial notice. I have a 3 mnth old baby and my wife on f1. I am really worried at this point as i was out of status for 9 months. Since i have time for H1b ammendment until sep 30 2012, my attorney has filed for H1b ammendment under nunc pro tunc . my application went out sep 13 under premium processing. did any one had same experince like me...I am really worried ..! please pray fr me..

[omshiv]

I will definitely pray for you.

 

But I believe you are in a serious situation. When did your I-94 expire? 9 months is too long to be Out of Status and if I-94 is also expired then you have been accuring illegal presence.

 

I would strongly advice you to contact the Murthy Law firm...you may go thru this forum and see that people have been in similar situation like yours and their case has been resolved by Murthy.

[permaudit]

Nunc-pro-Tunc is the only way as of now, but it is completely based on the discretion of the adjudicating officer. The other was it to go out of the country and get a valid I-94 (which could be risky). 

 

Lesson learnt: "Always be prompt with paper work from your employer/lawyer (particularly if your employer is a desi company). I-797 needs to be with you right after your approval is received. Your employer should have posted the original after he receives it. Atleast you should have been cautious to get a scanned copy."

 

 

[omshiv]

 

Lesson learnt: "Always be prompt with paper work from your employer/lawyer (particularly if your employer is a desi company). I-797 needs to be with you right after your approval is received. Your employer should have posted the original after he receives it. Atleast you should have been cautious to get a scanned copy."

 

Absoutely true. Cannot agree more. You need to be careful with Desi companies.

[slc936]

My wife is working for big American staffing company. her project completed last month back and she took 2week to get new project in the meantime employer revoked her H1B.  After 2weeks she found new project they filed H1b with consular processing and now we got approval H1b without I94 card.

Currently she is 5 month pregnant and her doctor advised she should not travel at this time.  Please suggest  how to get I94 without travelling.

[JoeF]

My wife is working for big American staffing company. her project completed last month back and she took 2week to get new project in the meantime employer revoked her H1B.  After 2weeks she found new project they filed H1b with consular processing and now we got approval H1b without I94 card.

Currently she is 5 month pregnant and her doctor advised she should not travel at this time.  Please suggest  how to get I94 without travelling.

Not possible.

If the employer didn't pay her and laid her off, she was out of status from that date on.

Why did she not file a change to H4?

[rahul412]

My wife is working for big American staffing company. her project completed last month back and she took 2week to get new project in the meantime employer revoked her H1B.  After 2weeks she found new project they filed H1b with consular processing and now we got approval H1b without I94 card.

Currently she is 5 month pregnant and her doctor advised she should not travel at this time.  Please suggest  how to get I94 without travelling.

I guess dependent status is one of the solution.