Hi
I am currently employed by Employer A and in USA on H1B since 15 Nov 2015. My current H1B is valid from 09 Nov 2015 until 31st May 2017. I have resigned from Employer A and accepted offer from Employer B. My last working day with Employer A is 17th Oct 2016 and I am joining Employer B from 18th Oct 2016.
Employer B requested for Transfer of H1B from Employer A to Employer B with extension of stay. USCIS has approved I797B for Employer B from 27th Sep 2016 until 21st Aug 2019.
However, EOS has been denied by USCIS due to below reason:
"An EOS may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application or petition was filed. USCIS records indicates that the beneficiary departed the US on Aug 21, 2016. The instant petition was filed on Aug 23, 2016. The beneficiary was not present in the USA at the time of filing the petition.".
On 21st Aug until 26th Aug 2016 I went to Canada for Employer A for the same client meeting on business visa. I was paid full salary in USA and I have all Paystubs till date.
There is no discontinuation of service. Now I797B they USCIS mentioned that I need to go for CP in Hyderabad, India Consulate.
Due to my ongoing work and continuation of service I can't travel to India and I am planning to go to Matamoros, Mexico for H1B stamping for Employer B on 18th Oct 2016.
My questions are:
1. On this process, is there any problem to go for Matamoros for H1B stamping for Consular Processing? or, Do I need to mandatorily go to Hyderabad, India for Visa stamping.
2. Is there any chance of getting Visa stamping denied? I have all relevant documents ready with me - Employer B Verification letter, Employer A related all docs, W2, Tax Return, Bank Statements, Current Pay stubs, I797B, I129.
3. If Matamoros Consulate issue me 221(g), in that case may I come back to USA as I have approved Visa until 31 May 2017. Also I have checked my current I94 is valid until 31 May 2017.
4. May I join Employer B on 18th October 2016?
Please help me.
Thanks
I am currently employed by Employer A and in USA on H1B since 15 Nov 2015. My current H1B is valid from 09 Nov 2015 until 31st May 2017. I have resigned from Employer A and accepted offer from Employer B. My last working day with Employer A is 17th Oct 2016 and I am joining Employer B from 18th Oct 2016.
Employer B requested for Transfer of H1B from Employer A to Employer B with extension of stay. USCIS has approved I797B for Employer B from 27th Sep 2016 until 21st Aug 2019.
However, EOS has been denied by USCIS due to below reason:
"An EOS may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application or petition was filed. USCIS records indicates that the beneficiary departed the US on Aug 21, 2016. The instant petition was filed on Aug 23, 2016. The beneficiary was not present in the USA at the time of filing the petition.".
On 21st Aug until 26th Aug 2016 I went to Canada for Employer A for the same client meeting on business visa. I was paid full salary in USA and I have all Paystubs till date.
There is no discontinuation of service. Now I797B they USCIS mentioned that I need to go for CP in Hyderabad, India Consulate.
Due to my ongoing work and continuation of service I can't travel to India and I am planning to go to Matamoros, Mexico for H1B stamping for Employer B on 18th Oct 2016.
My questions are:
1. On this process, is there any problem to go for Matamoros for H1B stamping for Consular Processing? or, Do I need to mandatorily go to Hyderabad, India for Visa stamping.
2. Is there any chance of getting Visa stamping denied? I have all relevant documents ready with me - Employer B Verification letter, Employer A related all docs, W2, Tax Return, Bank Statements, Current Pay stubs, I797B, I129.
3. If Matamoros Consulate issue me 221(g), in that case may I come back to USA as I have approved Visa until 31 May 2017. Also I have checked my current I94 is valid until 31 May 2017.
4. May I join Employer B on 18th October 2016?
Please help me.
Thanks
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