Tweet
Hi,
It's a long description, but please bear with me.
I was working with Comp A on an L1 visa, since Jun'12. In Apr'14, I got a job with another Comp B, and they filed H1B visa petition for me, to get a change of status from L1B to H1B. I received final approval (after an RFE) in Dec'14, with an I-94 valid till 2017. But the approval notice said the validity effective date from Nov 3rd 2014. All this while I had continued to work with Comp A. When I got the approval in Dec'14, I put my papers & served notice period with Comp A till Jan'15. I had Comp A paystubs till Jan'15. However, I could not join Comp B now as the position was no longer available due to delays in visa approval. So I did not have any paystubs for Feb'15 and Mar'15. In Mar'15, I got another job with Comp C, and they filed for my H1B visa transfer. I again got an RFE, and one of the reason was proof of maintaining status (due to lack of paystubs). I acknowledged this and shared some email communication between Comp B and myself to prove that the position was no longer available, and hence, I couldn't join them. Last week I finally got the approval, but it came without status (I-94). The notice does not clearly states the reason for this, but it mentions that I can go out of US, and come back with an H1B stamp. I want to know/understand what are my options now.
1) Is there a way to fix this without leaving US? Or do I really have to go out of country?
2) Can I ask USCIS to reconsider the extension, and grant me the I-94?
3) Shouldn't they have considered the previous I-94 validity?
4) If I do have to go to India, what are the risks/questions that I should be prepared for?
5) If, for some reason, my H1B is denied with Comp C (after consulate interview), will my previous H1B also become invalid?
Thanks for the help.
Regards.
It's a long description, but please bear with me.
I was working with Comp A on an L1 visa, since Jun'12. In Apr'14, I got a job with another Comp B, and they filed H1B visa petition for me, to get a change of status from L1B to H1B. I received final approval (after an RFE) in Dec'14, with an I-94 valid till 2017. But the approval notice said the validity effective date from Nov 3rd 2014. All this while I had continued to work with Comp A. When I got the approval in Dec'14, I put my papers & served notice period with Comp A till Jan'15. I had Comp A paystubs till Jan'15. However, I could not join Comp B now as the position was no longer available due to delays in visa approval. So I did not have any paystubs for Feb'15 and Mar'15. In Mar'15, I got another job with Comp C, and they filed for my H1B visa transfer. I again got an RFE, and one of the reason was proof of maintaining status (due to lack of paystubs). I acknowledged this and shared some email communication between Comp B and myself to prove that the position was no longer available, and hence, I couldn't join them. Last week I finally got the approval, but it came without status (I-94). The notice does not clearly states the reason for this, but it mentions that I can go out of US, and come back with an H1B stamp. I want to know/understand what are my options now.
1) Is there a way to fix this without leaving US? Or do I really have to go out of country?
2) Can I ask USCIS to reconsider the extension, and grant me the I-94?
3) Shouldn't they have considered the previous I-94 validity?
4) If I do have to go to India, what are the risks/questions that I should be prepared for?
5) If, for some reason, my H1B is denied with Comp C (after consulate interview), will my previous H1B also become invalid?
Thanks for the help.
Regards.
Comment