H1b extension approved with missing I-94 (waiver case)


owlold

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My current employer applied for an H1b transfer and got the approval notice but it had missing I-94 at the bottom. Soon as they received the I-797, they terminated my employment with effect immediate. I had no information and was emailing them constantly in attempts to obtain my I-797 copy. Even after I obtained it, I did not notice the bottom portion keenly to see - all I saw was approved and valid till December 2015 and was content.

 

I got a new offer from BNY Mellon and they expressed interest in transferring visa after an interview that lasted almost a month worth of travel for interview. The Attorney representing BNY Mellon made an "assessment of visa" and informed me that I am ineligible for H1b transfer because the missing I-94 indicates that I should have gone abroad for consular processing immediately and since I was not informed by previous attorney, I now have to find a lawyer.

 

I consulted many attorneys and found that I can try to apply for H1b visa transfer again and if that yields in consular processing, I can leave then country and come back. Again, that can also lead to a permanent 214f rejection during consular processing, they may even bar me for 10 years because of loss of paystubs and being unaware of situation.

 

Please advice on whether I can use this H1b copy that has missing I-94 to do another transfer

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I consulted many attorneys and found that I can try to apply for H1b visa transfer again and if that yields in consular processing, I can leave then country and come back. Again, that can also lead to a permanent 214f rejection during consular processing, they may even bar me for 10 years because of loss of paystubs.

 

You are out of status as you should have gone abroad for consular processing immediately

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I consulted many attorneys and found that I can try to apply for H1b visa transfer again and if that yields in consular processing, I can leave then country and come back. Again, that can also lead to a permanent 214f rejection during consular processing, they may even bar me for 10 years because of loss of paystubs.

 

You are out of status as you should have gone abroad for consular processing immediately

If OP's old I94 has expired then no I94 means not out of status but illegal presence in US.

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My current employer applied for an H1b transfer and got the approval notice but it had missing I-94 at the bottom. Soon as they received the I-797, they terminated my employment with effect immediate.

 

They had to, because you were not legal to work for them.

And another transfer can't be filed since you are out of status.

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