I129 PETITION is approved but..

[roamnak12]

Hi,
initially i have the valid visa from 2006 to 2009 with company A , now i applied for transfer to company B.
I 129 is approved and it valid from 2008 to 2011, but i didn’t get I94 and asked to attend for the visa intrw personally.

Now my questions are if i don’t attend for the visa interview immediately
1) am i eligible to work with company B , if yes how long i can work?
2) i have the latest pay stubs with company B, so can i transfer to company C with Latest H1B approval and pay stubs?

If i attend visa interview and suppose, will not get the VISA.
What are the options i have to work in USA?

Please suggest me iam really confused

thanks
roamna

[txh1b]

1. No
2. No

Were you out of status when you applied for the transfer? You need to go out immediately to not accumulate unauthorized work or status.

[roamnak12]

i129 approved but

i gone through the link

https://www.immihelp.com/h1-visa-faq/

as per it i understand that i can work with my H1 approval. but when i go out of USA i need come with visa.

could you please suggest me if iam wrong

please let me know anyone of you faced similar issues?

thanks

[txh1b]

Wrong because USCIS has denied your extension of stay but only approved the H1b. That is why you don't have an attached I-94. Neither can you work or have the authorization to do so.

Don't you have a lawyer? You are currently illegal.

[syspine]

Hi txh1b

In such case, Can he go back to A and work for them legally ?

[roamnak12]

i129 approved but

Hi txh1b

Thanks for your reply. for company A i have the valid H1b approval and I-94
till nov 2009.

and the new approval is till nov 2011.

my question can i stay till nov 2009 using the old I94 ( because the first I94 is valid till nov 2009.

please suggest me

thanks

[txh1b]

my question can i stay till nov 2009 using the old I94 ( because the first I94 is valid till nov 2009.

NO NO NO. NO because you don't work for them anymore.

[txh1b]

Hi txh1b

In such case, Can he go back to A and work for them legally ?

Yes, if they have not revoked the H1b. A might have to cough up the money to pay for the entire gap to follow LCA regulations.

[roamnak12]

1. No
2. No

Were you out of status when you applied for the transfer? You need to go out immediately to not accumulate unauthorized work or status.

Hi ..iam not out of status when i applied for transfer , i have the valid visa till end of 2009.

still iam not clear ,can i work with valid visa and valid i 94 which are valid till end of 2009.


thanks for your patience.

[itzprams]

Hi txh1b

Thanks for your reply. for company A i have the valid H1b approval and I-94
till nov 2009.

and the new approval is till nov 2011.

my question can i stay till nov 2009 using the old I94 ( because the first I94 is valid till nov 2009.

please suggest me

thanks

You cannot work with company "B" with I-94 expiring in nov'2009 as it was issued for company "A". You cannot use A's I-94 for working with comp "B".

But if you want, you can go back with company "A" , if they have not revoked the H1b. In this case "A" might have to pay you for the duration you spent with company "B" as txh1b replied to syspine..

[txh1b]

1. No
2. No

Were you out of status when you applied for the transfer? You need to go out immediately to not accumulate unauthorized work or status.

Hi ..iam not out of status when i applied for transfer , i have the valid visa till end of 2009.

still iam not clear ,can i work with valid visa and valid i 94 which are valid till end of 2009.


thanks for your patience.

If you believe USCIS has not approved your EOS due to an error, your attorney should contact them and ask for EOS approval. This may mean you accumulating more out of status period if USCIS rules that they are not going to approve an EOS for some reason.

If it is still not clear as to why after all the explanation, I cannot be of any more help. Talk to your legal counsel.

[roamnak12]

i129 approved but

Hi..

But if you want, you can go back with company "A" , if they have not revoked the H1b. In this case "A" might have to pay you for the duration you spent with company "B" as txh1b replied to syspine..


if i go back and work with company A inthat case

1. can i work with company A till nov 2009 ( i have valid visa and valid i94 till nove end with compnay A)

2. if i go back and work with company A then I 797 approved for company B (valid till 2011) is canceled ?

thanks for your time


regards
roamana

[itzprams]

1. can i work with company A till nov 2009 ( i have valid visa and valid i94 till nove end with compnay A)

Yes. Discuss with HR of comp A regarding a gap that you spent with comp B

2. if i go back and work with company A then I 797 approved for company B (valid till 2011) is canceled ?

Not unless they revoke it.