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Hello,
First of all I would like to say Thank you for various posts here and other portals. I am posting this as my experience. My case was straight forward but USCIS did mistake and have to go to all trouble. This can help some people who might be in same situation.
Came to US on L1B with company A, maintained L1B status for 3.5 years. Last entry in 05/2014 and since then never left US.
Company A filled for L1B extension in 04/2015 and at same time Company B filed for H1B (Cap Exempt and COS – I had approved and never used H1B petition from 2013).
H1B approval came first along with new I-94 valid till 05/2018, so started working with company B on H1B.
L1B approval came after joining company B. Asked Company A to revoke L1B, L1B approval was revoked, got letter from USCIS regarding same.
In 11/2015 company A filed H1B transfer in premium processing, which got approved on within week but Extension of stay (EOS) was denied.
I did not leave country since 05/2014 and was in States when H1B transfer was filed and till time it got approved. Also was maintaining my status properly.
Then we got Notice after week, explaining reason for denying EOS is because I am not physically present in the United States.
As I mentioned earlier, I didn't left US since June 2014.
If you don't get I-94 along with approval notice,
1. You have to leave US, go for stamping and come back on new I-94.
2. File Motion to reopen or reconsider (not sure how long it takes)
If you 100% sure, that there is error/mistake from officer, you were never out of status and your case was in Premium processing, then you have following options.
As my case was in PP, We had option to send email or contact PP unit so tell them that there is an error and get it corrected. So attorney sent email to Premium processing unit along with notarized affidavit which says that I was physically present in US during H1B transfer processing time and also send 6 recent pay stubs from previous company and other documents such as bank statement, etc.
After 2 days, called to Premium Processing unit and they confirmed receipt of Email and said all documents looks ok. Also confirmed that, they downloaded all documents form email and attached to case. Now case is with supervisor for review and should get update soon.
After 9 days, got confirmation from premium processing unit saying” U. S. Citizenship & Immigration Services (USCIS) has corrected the error on your approval notice and in our systems and we have sent a corrected copy of the notice via regular mail. Please allow 7-10 days for notice delivery. We apologize for the error on your notice and any inconvenience it may have caused you.”
My employer and Attorney did everything to get things corrected and I provided all required documents.
Thank you,
First of all I would like to say Thank you for various posts here and other portals. I am posting this as my experience. My case was straight forward but USCIS did mistake and have to go to all trouble. This can help some people who might be in same situation.
Came to US on L1B with company A, maintained L1B status for 3.5 years. Last entry in 05/2014 and since then never left US.
Company A filled for L1B extension in 04/2015 and at same time Company B filed for H1B (Cap Exempt and COS – I had approved and never used H1B petition from 2013).
H1B approval came first along with new I-94 valid till 05/2018, so started working with company B on H1B.
L1B approval came after joining company B. Asked Company A to revoke L1B, L1B approval was revoked, got letter from USCIS regarding same.
In 11/2015 company A filed H1B transfer in premium processing, which got approved on within week but Extension of stay (EOS) was denied.
I did not leave country since 05/2014 and was in States when H1B transfer was filed and till time it got approved. Also was maintaining my status properly.
Then we got Notice after week, explaining reason for denying EOS is because I am not physically present in the United States.
As I mentioned earlier, I didn't left US since June 2014.
If you don't get I-94 along with approval notice,
1. You have to leave US, go for stamping and come back on new I-94.
2. File Motion to reopen or reconsider (not sure how long it takes)
If you 100% sure, that there is error/mistake from officer, you were never out of status and your case was in Premium processing, then you have following options.
As my case was in PP, We had option to send email or contact PP unit so tell them that there is an error and get it corrected. So attorney sent email to Premium processing unit along with notarized affidavit which says that I was physically present in US during H1B transfer processing time and also send 6 recent pay stubs from previous company and other documents such as bank statement, etc.
After 2 days, called to Premium Processing unit and they confirmed receipt of Email and said all documents looks ok. Also confirmed that, they downloaded all documents form email and attached to case. Now case is with supervisor for review and should get update soon.
After 9 days, got confirmation from premium processing unit saying” U. S. Citizenship & Immigration Services (USCIS) has corrected the error on your approval notice and in our systems and we have sent a corrected copy of the notice via regular mail. Please allow 7-10 days for notice delivery. We apologize for the error on your notice and any inconvenience it may have caused you.”
My employer and Attorney did everything to get things corrected and I provided all required documents.
Thank you,
