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Gurus, I need your expert take on my case .Here is the sequence of events
To start with my Original H1B/I94 was till 09/17/2015
Date of resignation - 12/30/2014
On 12/30, I have submitted my resignation and planned to join new employer
Ex-Employer H1B revoke date - 12/30/2014
Immigration dept sent revocation notice by mistake.I was not informed about this event and payslips are generated as usual.Basically , I was not aware about this event until I got RFE later
Ex-Employer last pay day - 02/20/2015
Paystubs are generated till my last working day (02/20)
New Employer h1B transfer Receipt date - 02/18/2015
After lot of delay,finally my new employer filed h1B transfer(premium) and got receipt on 02/18
New employer start date - 02/23/2015
Based on receipt date,I have joined new employer on 02/23
RFE for out of status - 03/04/2015
I got an RFE saying I am out of status from 12/31/2014 - 02/18 .At this point ,I reached out to ex employer and they realized h1B was not revoked on last working date but on resignation submission date.
RFE response (Nunc pro Tunc) - 03/11/2015
My new employer responded with NPT request explaining the situation and appendixed all proof (payslips,ex-employer relieving letter,timesheets)
H1B approval date(I 797 A) - 03/23/2015
I received h1 Approval with I94(I797A) with 03/18/2015 to 06/16/2016
Questions:
a) Considering I have receieved new I94, can I just continue to stay in US or Do I need return to India to get stamping based on the fact I was OOS from 12/31 to 02/18 ?
b) Will this out of status impact my future immigration (Perm,I140, H1/Stamping) ?
c) Can I do anything to correct my Out of status period?
My current employer says he can't help in this matter . My ex employer told that they have already sent an letter to USCIS about the mistake ,but they are not handing the copy of the letter to me.
To start with my Original H1B/I94 was till 09/17/2015
Date of resignation - 12/30/2014
On 12/30, I have submitted my resignation and planned to join new employer
Ex-Employer H1B revoke date - 12/30/2014
Immigration dept sent revocation notice by mistake.I was not informed about this event and payslips are generated as usual.Basically , I was not aware about this event until I got RFE later
Ex-Employer last pay day - 02/20/2015
Paystubs are generated till my last working day (02/20)
New Employer h1B transfer Receipt date - 02/18/2015
After lot of delay,finally my new employer filed h1B transfer(premium) and got receipt on 02/18
New employer start date - 02/23/2015
Based on receipt date,I have joined new employer on 02/23
RFE for out of status - 03/04/2015
I got an RFE saying I am out of status from 12/31/2014 - 02/18 .At this point ,I reached out to ex employer and they realized h1B was not revoked on last working date but on resignation submission date.
RFE response (Nunc pro Tunc) - 03/11/2015
My new employer responded with NPT request explaining the situation and appendixed all proof (payslips,ex-employer relieving letter,timesheets)
H1B approval date(I 797 A) - 03/23/2015
I received h1 Approval with I94(I797A) with 03/18/2015 to 06/16/2016
Questions:
a) Considering I have receieved new I94, can I just continue to stay in US or Do I need return to India to get stamping based on the fact I was OOS from 12/31 to 02/18 ?
b) Will this out of status impact my future immigration (Perm,I140, H1/Stamping) ?
c) Can I do anything to correct my Out of status period?
My current employer says he can't help in this matter . My ex employer told that they have already sent an letter to USCIS about the mistake ,but they are not handing the copy of the letter to me.
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