H1B Transfer approved / I-94 expiring

[nmahesh567]

Hi All,

Last time when I entered into USA, they give me I-94 which is valid up to Sep 2009. Now I transferred my visa to new company. I have received approved 797C, Notice of Action which is valid to Aug 2011.

The approved Notice of Action does not have I-94 enclosed and I do not have plan to go to India before Sep 2009.

My questions are:

1) Am I required to go back before Sep 2009 since I-94 and old visa are expiring on Sep 2009?
2) How can I apply for extension of I-94 staying in USA only?

Thanks,
Mahesh

[txh1b]

I797C is just a receipt.

Notice of approval of H1b will be I797A (attached I-94) or I797B (No-i94)

If you get a I797B on a transfer, you have to stop working for the new employer (if you already started) and go out and get a new visa stamped (if your visa already expired), get a new I-94 at POE. Working for new employer after denial of an extension of stay is illegal.

[nmahesh567]

txh1b, Thank you for quick reply.

KINDLY READ QUESTION ONE MORE TIME AND PLEASE REPLY.

I797C is just a receipt.

Notice of approval of H1b will be I797A (attached I-94) or I797B (No-i94)

> Its not new visa. I transferred old visa to to new employer while being in USA only and have received I-797C.

If you get a I797B on a transfer, you have to stop working for the new employer (if you already started) and go out and get a new visa stamped (if your visa already expired), get a new I-94 at POE. Working for new employer after denial of an extension of stay is illegal.

> Its confusing me. My old visa is still valid but old visa does not make any difference since I have received approved I-797C for new employer.

My question is I-94 which is valid up to Sep 2009 and , *NEW* Notice of Action which is valid to Aug 2011 so do I have to go to India to get new I-94?

[nmahesh567]

Thank you txh1b

I am sorry txh1b. Your answer is perfect, I just did not understand it first.

Now please tell me if attorney is supposed to keep original I-797A and why he would not send me original copy of I-797A? they just sent me I-797C.

I797C is just a receipt.

Notice of approval of H1b will be I797A (attached I-94) or I797B (No-i94)

If you get a I797B on a transfer, you have to stop working for the new employer (if you already started) and go out and get a new visa stamped (if your visa already expired), get a new I-94 at POE. Working for new employer after denial of an extension of stay is illegal.

[txh1b]

If your transfer came with an attached I-94, then you can stay. If not, you have to leave and return to get a new I-94 to work for the new company.

I am not sure why the attorney would keep the I797A. They at least have to give your I-94 or bottom half of I797A as the top portion belongs to employer.

I believe the attorney sent you the copy of the courtesy copy of the H1b approval which also is labeled I797C (faintly remember so). I797A is sent to the employer.

[nmahesh567]

If not, you have to leave and return to get a new I-94 to work for the new company.

I assume, since my old visa and I-94 are still valid upto Sep 2009, I do NOT have to go to India as you mentioned above.