A question on H1B extension, related to I-129 and I-539

[featherlight]

Hello folks,

I am here for little over 4 years on H1B. During this period, I changed the employer and got I-797 for the same. Now its time for extension and the employer went through some immigration attorney based in OK (I am in NY). 

Its a premium processing.

Sometimes this week, I got a letter with some kind of application form back and with following line on the cover page (in addition to other bureaucratic lines).
Decision: Improperly rejected (whatever that may mean, along with rejection)

"The worker named on the I-129 petition may not also be named on the I-539 application". I was traveling this week so noticed today when I returned.

 

Had a word with the lawyer, he didn't seem that surprised. But mentioned that because of some immigration reforms they have become picky lately. The more serious question is, my previous I-797 expires by end of this month. He mentioned that I can stay past that, since he has received receipt (not too sure which notice he is talking about). I just want to make sure that he is right on it, because I will be the one who will be crucified if he is not.

Anybody with knowledge can confirm this.

Thanks in advance.

[jairichi]

Hello folks,

I am here for little over 4 years on H1B. During this period, I changed the employer and got I-797 for the same. Now its time for extension and the employer went through some immigration attorney based in OK (I am in NY). 

Its a premium processing.

Sometimes this week, I got a letter with some kind of application form back and with following line on the cover page (in addition to other bureaucratic lines).

Decision: Improperly rejected (whatever that may mean, along with rejection)

"The worker named on the I-129 petition may not also be named on the I-539 application". I was traveling this week so noticed today when I returned.

 

Had a word with the lawyer, he didn't seem that surprised. But mentioned that because of some immigration reforms they have become picky lately. The more serious question is, my previous I-797 expires by end of this month. He mentioned that I can stay past that, since he has received receipt (not too sure which notice he is talking about). I just want to make sure that he is right on it, because I will be the one who will be crucified if he is not.

Anybody with knowledge can confirm this.

Thanks in advance.

Where does I539 come into picture when employer is filing for a H1B using I129? I believe he is talking about H1B receipt notice from USCIS. Crucified is a strong word to describe your situation :)