farabi Posted May 10, 2015 Report Posted May 10, 2015 Hello, I have recived the following RFE (H1 Transfer filing) saying- "It appears that the beneficiary previously obtained HIB status on October 1,2014, pursuant to a petition filed on his/her behalf by ABC. Therefore, you must demonstrate that the beneficiary has maintained the Hl B nonimmigrant status afforded to him/her on that date until March 12, 2015, the date the present petition was filed." In this regard, the law firm is saying - "This amendment would mean that once we respond to the Request for Evidence and receive the H-1B approval notice, you will have to take the approval along with your currently valid visa, and travel abroad and re-enter the U.S. " I have received Fedex deliver confirmation on -- March 3,2015 Resighed after that date and last day with that company was -- March 8,2015 Filing receipt date shown by USCIS is -- March 12,2015 Joined current company -- March 23, 2015 Means I have to travel abroad for only these 4 days conflict? Please please advice what would be best to do to avoid traveling abroad to get EOS (Extension of stay) stamped. Thanks in advance for your suggestion...
jairichi Posted May 10, 2015 Report Posted May 10, 2015 Looks like there is some issue other than the four days (based on your understanding). Get this cleared up with your attorney.
joe30t Posted May 12, 2015 Report Posted May 12, 2015 Sounds like you did a COS from L1 or some other visa category to H1. I am speculating that, they are expecting to see pay stubs, offer letters, joining date with ABC(previous company) company from the day you joined. I am expecting, you could have started working for ABC from Oct 1st. When you apply for COS, your new status kicks in from Oct 1st. You would be out of status, if you do not take up the new position from Oct 1st. Only way one could keep the old status is by leaving the country before Oct 1st and entering USA with the old visa in case of COS. This speculation is all based on your petition for COS. if that is not the case, please ignore my comment.
cap-gap Posted May 12, 2015 Report Posted May 12, 2015 looks like your attorney jumped to the conclusion too quickly..RFE just asked for your status proof from Oct to March 12, not necessarily from just March 8-12...
cap-gap Posted May 12, 2015 Report Posted May 12, 2015 Please please advice what would be best to do to avoid traveling abroad to get EOS (Extension of stay) stamped. it is not visa stamping..just cross the border and reenter with old visa and new approval for new I94..
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