H1 B approved without I94

[rome123]

Quite recently I filed for my H1 B extension (very first extension) with employer A who had filed for my first H1B which is going to expire in Sep 2014. I reside in US and am currently working for a client. During my filing of extension,we had submitted client letter and recent pay stubs. I never went out of status. My H1B extension got approved but with no I-94. The only thing that I can think of which could lead to status violation is my employer, he filed my original H1 with company A and then suddenly he merged the company A with company B, both owned by same person. My paystubs now come from company B. The lawyer had submitted the merger letter while filing for H1 extension

 

Question:

1] Will I have to go for stamping to my home country and give interview to come back to US?

2] If I where to go for stamping to home country can my visa be rejected?

3] Is there any other way to avoid stamping and still get I-94?

4] Will change of employer and new filing of H1-B help in this case?

 

 

[jairichi]

1. Yes.

2. Any US consulate where you are eligible to apply.

3. No.

4. Probably.

[rahul412]

 

Question:

1] Will I have to go for stamping to my home country and give interview to come back to US?

2] If I where to go for stamping to home country can my visa be rejected?

3] Is there any other way to avoid stamping and still get I-94?

4] Will change of employer and new filing of H1-B help in this case?

1. If your visa gets expired by that time then yes

2. No

3. No

4. Why employer change?? Is something wrong here??

[omshiv]

Yes, you'll have to go to your home country to get it stamped. I dont see any issues in getting rejected unless there's some fraud involved. You are planning to change employer because of this?? This is no issue. Go and get stamped dude.

[rome123]

Yes, you'll have to go to your home country to get it stamped. I dont see any issues in getting rejected unless there's some fraud involved. You are planning to change employer because of this?? This is no issue. Go and get stamped dude

 

I just wanted to correct something from my post. I had mentioned that I never went out of status. May be I might have gone out of status in the eye of USCIS but not sure about it as of now.Wanted to mention to you that I had a client and location change last year feb2013 and because of my no knowledge on LCA and ignorance from my employer on the topic we filed for LCA this year feb 2014 just before filing for my extension and I worked at the new client location & client close to an year without intimating USCIS. In the interim, I changed my address everywhere. I invited my parents to come visit me filing for their visitor visa on my new location address. Paid taxes.When my attorney understood about it, it was too late but to do the damage control she filed my LCA by filing only the current months paystub and showed that I started to work at the new location from feb 2014.The LCA got approved and then instead of going for H1 amendment she directly went for the H1 extension filing as my original extension expires Sep 2014 so she mentioned that they can file for extension instead of amendment. After this I received the I797 B with no I-94. Now I was guessing it is due to my employer having two companies but it could be due to my LCA late filing and USCIS knowing that I had my change of location and client.

We have sent query to USCIS to understand the reason of issuing the I797B, is it by mistake that they have issued it or is it due to status violation

Questions:

1] If I have to go for stamping, how can I address this issue, if thats the reason they mention for issuing I-797B?

2] Whats the recommendation from your end on my case?

 

I am completly anguished on my employer who did not advise me on LCA. I hope I don't have to pay the price for it.