H1B Transfer with No I94

[hkpachauri]

Hi All, 

 

I seek your help immediately. I know this has been discussed a lot of times in past, but i could not find any conclusive thread, so please help me out with some of my queries.

 

Company A (current employer) filed H1B transfer petition on 08/30/2013, while I was on business trip to Mexico from previous employer (Company B) from 08/19/2013-09/06/2013. We didn't knew about this un-till this last week, so I joined Company A on 09/30/2013 based on I797 receipt & was getting paid by Company A thereon.

 

During the transfer process, we received a query from USCIS that the "The person you are requesting for H1B transfer was not in USA when 

petition was filed, & I replied back with a declaration & letter from Company B about business visit & to consider the latest I94. But it actually didn't help and we received the I797 approval notice on 11/07/2013 for consular processing with no I94. So,I left USA on 11/09/2013 & have visa interview on 11/13/2013 based on approved H1b petition with Company A.

 

Here are my queries:

1.Was I out of status or unauthorized to work for Company A all this while, even though I was paid? I worked till i actually received my approval notice (w/o I94).

 

2.I had options -  

a.Go to India & get the restamping of visa for Company A.

b.Go to Mexico/Canada & re-enter USA on the current approval notice (Company A) & unexpired existing visa (my first company- Company C).

I chose option (a), Was it a right decision?  

Can there be any issue in getting the re-stamping done & additional questions & documents required by visa officer? Any additional scrutiy i need to be aware of?

Is it possible to take option (b) if the chances for Visa stamping are bleak?

 

3. If taking any of the two options is risky, Can I still re-enter USA using approved I797 from Company B and work for them as their petition is valid till 07/22/2015?

 

Regrads,

HKP

[madhu418]

hi hk,

 

i am similar situation, i am working  for an emp A on recipet and got a better offer from B. the B attorney wanted filed for CP stating that bridge application will take long time and my new employer wanted me to start early.

 

so my question to you is did your I797 B approval give you the options or your attorney mentioned suggested those options.

 

My plan was to go to Jamacia as it doesnt require a visa for Indian nationals for a night stay and then re-enter with approved petition from B and old visa stamping valid unitl sep 2015. (this is quick and cheaper option for me bcoz, jamica is only 10 hrs away from the west cost and the flight fares are well below $1000. if i plan to visit India, then the cost would be around $2000 + additional 3 weeks if I go for stamping)

 

In your case, if you go for stamping, there should not be a problem if you have well documented proof but might delay issuing a visa for additional administrative processing (consulate to verify validity of the docs). I would definiely, get out of country if possible to non neighbouring US countries and re-enter to get a new I94.