I-797B Issued Urgent Plz Help Mr. Subramanya

[applicant121]

Hello Sir,

Please help me out.

After a long delay I got my H1B approval this week (premium proc.) with 3 RFE's

Today I got my approval notice, but it is an I-797B as my lawyer had checked the wrong option.

I have to leave to India next week, and I dont know if it will be an issue, can you please guide me as to whether I can ignore this or should I take some action

I have my stamping date on december first week.

Please help

thanks

[Subramanya]

After a long delay I got my H1B approval this week (premium proc.) with 3 RFE's
---- Have all the RFE's been answered or are they still pending

Today I got my approval notice, but it is an I-797B as my lawyer had checked the wrong option.

I have to leave to India next week, and I dont know if it will be an issue, can you please guide me as to whether I can ignore this or should I take some action

---- If you answered your RFE's and have the H1 approval notice with you then there are no issues. Wish you good luck at your Visa interview and return back to US safely

---- If there are any further queries that are not answered, post them

Subramanya

[applicant121]

thank you so much sir,

All the RFE's were answered promptly and I finally got my H1B approval notice.

Now since it was my attorney's error in filing, they sent me an I-797B. without the I-94.
As you said I will have no issues and can travel to my home country and back, that helps me a lot , but I had one more query

Since my visa is approved as of Nov 13, 2006 can I work and get paid from that day though I did not get my I-94? The reason I ask this is I would be on paid leave till I come back and want to make sure there are no issues with it.

Thank u so much for taking time to answer my question,

Thanks

[Subramanya]

H1 Queries

All the RFE's were answered promptly and I finally got my H1B approval notice.

Now since it was my attorney's error in filing, they sent me an I-797B. without the I-94.
As you said I will have no issues and can travel to my home country and back, that helps me a lot , but I had one more query

Since my visa is approved as of Nov 13, 2006 can I work and get paid from that day though I did not get my I-94? The reason I ask this is I would be on paid leave till I come back and want to make sure there are no issues with it.

---- Is this your first H1B. That may be reason for getting the I-94. Did you even get your SSN

---- For payment to be made to you/deposited into a bank your pay has to taxed and that requires a SSN

---- You can certainly start work but payment depends on SSN

Subramanya

[applicant121]

Thank you very much

your reply has put me to ease.

This is my first H1B, but it is a F1-H1 transfer.

I already have my SSN from F1 (this was 3 years back when you could get SSN on F1).

And I have already been working for this company for a year now


So I am understanding from ur reply, that since I have my SSN and approval notice (I-797B), I can work from the start date of my H1, though I did not recieve my I-94. Is that right?

thank you and anticipating ur reply

[Subramanya]

your reply has put me to ease.

This is my first H1B, but it is a F1-H1 transfer.

I already have my SSN from F1 (this was 3 years back when you could get SSN on F1).

And I have already been working for this company for a year now


So I am understanding from ur reply, that since I have my SSN and approval notice (I-797B), I can work from the start date of my H1, though I did not recieve my I-94. Is that right?

---- Yes, doubly make sure that this is what the employer also thinks and they have verified this matter with their attorney

Good luck

[applicant121]

Sir,

Thank you so very much, I will confirm the same with my employer,

Thanks once again
and I will keep this space posted with my case

[almas]

Subramanya,

My company applied for my first H1 with receipt date of May 19,2006. My case underwent background check and was extremely delayed. RFE received in February 2007 (OPT ended on January 2007)! Premium processed it and waiting for decision. My 60th day grace period from the OPT is coming to an end in few days so I decided to instate my I20 and sign up for classes.
1) IF the RFE doesnt go through, I will have to reapply on April 1st and wont be able to work until Oct. 1 right?
2) If RFE doesnt go through, I will have to take classes to maintain my status. How long after the end of the 60 day grace period and before the beginning of classes can I wait. Clases start mid-may?
3) If I go back to school for the summer, then would I get another 60 day grace period? I just want to make sure I won't have to leave the US until October 1st and right after the end of my classes and make sure I am in status.
4) Is receiving an RFE a very bad sign? I am a PR Specialist for a law firm, the law firm needs someone to work on the marketing yet the size of the law firm and the fact that I am the 1st one employed in this position can be a problem? The need is there though. Plus it's been in business for over 10 years and doing well.

Any help would be appreciated.