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I129 Approved with I797B - Employer forcing to stay for 2 months

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  • I129 Approved with I797B - Employer forcing to stay for 2 months

    Hi,

    I am in a very difficult situation. Any help would be appreciated.

    My employer filed I-129 petition for transfer of visa and it got approved with I797B (without I94 attached). My previous I94 expired on 12/02/15. As per my employer I have to go to India for stamping and I should go after 2 months(they are literally forcing me not to go now). But I am not sure about this, because as per my understanding I have to leave as soon as possible and get stamping done then come back.

    Please suggest what I should do.

    Thank you in advance.

  • #2
    You need to leave immediately. Any employment with the current employer without a valid I-94 attached to the current employer is unauthorized and illegal. It is a problem for both employer and employee. But it will cause more issues for you. It is better you leave within 10 days from receiving the decision.
    Not a legal advice. Use of this information is strictly at your own risk.

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