H1B transfer approved.But USCIS denied extension of stay.


renit6

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I am currently working for CompanyA as consultant at CompanyB. Now I got full time with CompnayB and they filed my H1B. I got an RFE asking for last year W2 and paystubs. For last year I was on vacation for few months and my W2 shows less than the salary mentioned while filing H1 with CompanyA initially. 

 

Now I got email from attorney which says

 

"While the H-1B petition has been approved, USCIS denied the extension of your stay and the H-1B petition was approved via consular processing.  USCIS did not approve the extension of status since they found that you were properly maintaining your H-1B status.  Specifically, they cited that your 2013 W-2 form reflects that your salary was $xx,xxx while the H-1B petition filed by CompanyA reflected a salary of $60,000 per year. 

 

Since the H-1B petition was approved under consular processing, in order to commence your employment with CompanyB in H-1B status, you will need to depart the US and re-enter with your current passport, CompanyA's original Form I-797 H-1B approval notice, and your H-1B visa stamp." 

 

My current visa with CompanyA is valid till Apr 2015.Can I stay in US and work for CompanyB as FT on current Visa.My wife is on H4 and she got the letter to leave immediately and re enter.

 

Do I need to leave the country and re-enter in order to continue my FT?

What are my Options?

Can avoid exit and re-enter and work FT with CompanyB?

 

Thanks in advance

 

 

 

 

 

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