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Used portability, H1B petition approved, extension of stay denied, no RFE issued
Hello experts,
I was working for University A till end of July. I started working for University B on Aug 1 with a receipt of H1B petition (not premier processing) based on portability. I have a valid H1B visa stamp that is good for another year or so based on University A's petition, and an associated I-94 no I got when I came in to the US after visa stamp has also about a year left (again based on previous employer).
Now i heard back that H1B petition got approved but not the extension of stay. No RFE was issued. The I 797 notice says, a separate notice explaining the decision will be forthcoming. The I 797 notice also says you may leave the US and apply to reenter in the H1B status. Lawyer is inquiring with phone call. Unfortunately, as I look through the I129 petition now, I discovered that the latest pay stubs from University A were not included during filing. I had them but they were just forgotten to be included.
(1) Can i just go outside the US and come back to validate the new H1B, using my unexpired H1B visa stamp (from my previous employer)?
(2) Or do I need to apply for a visa stamp?
(3) If the reason the extension of stay was denied is because there was an evidence missing (latest pay stubs for ex) to show that I was in status with my previous employer, would that then put the time I worked under portability with my new employer (Univ B) as illegal employment? ( I have been working from Aug so about 4+ months).
(4) Is there legal pathway to fix this without leaving the US? For instance, if it was evidence missing on my part to show I was in status with my previous employer, can my current employer appeal in some sort of way? Would the fact that there was no RFE issued help my case here?
(5) Related to no 4, since this is not premium processing, what sort of time line can I expect as far as appeals and getting the issue corrected?
I have always been in status as F1, OPT, H1B. I have documentation including pay stubs to show that.
Thank you in advance for your responses.
I was working for University A till end of July. I started working for University B on Aug 1 with a receipt of H1B petition (not premier processing) based on portability. I have a valid H1B visa stamp that is good for another year or so based on University A's petition, and an associated I-94 no I got when I came in to the US after visa stamp has also about a year left (again based on previous employer).
Now i heard back that H1B petition got approved but not the extension of stay. No RFE was issued. The I 797 notice says, a separate notice explaining the decision will be forthcoming. The I 797 notice also says you may leave the US and apply to reenter in the H1B status. Lawyer is inquiring with phone call. Unfortunately, as I look through the I129 petition now, I discovered that the latest pay stubs from University A were not included during filing. I had them but they were just forgotten to be included.
(1) Can i just go outside the US and come back to validate the new H1B, using my unexpired H1B visa stamp (from my previous employer)?
(2) Or do I need to apply for a visa stamp?
(3) If the reason the extension of stay was denied is because there was an evidence missing (latest pay stubs for ex) to show that I was in status with my previous employer, would that then put the time I worked under portability with my new employer (Univ B) as illegal employment? ( I have been working from Aug so about 4+ months).
(4) Is there legal pathway to fix this without leaving the US? For instance, if it was evidence missing on my part to show I was in status with my previous employer, can my current employer appeal in some sort of way? Would the fact that there was no RFE issued help my case here?
(5) Related to no 4, since this is not premium processing, what sort of time line can I expect as far as appeals and getting the issue corrected?
I have always been in status as F1, OPT, H1B. I have documentation including pay stubs to show that.
Thank you in advance for your responses.
