H1 Transfer approved without I-94 -- Need Advice

[sonymathur]

Hi All,

Client offered me the full time after working for them for 10 months and they applied H1 petition(transfer) which got approved but without I-94. In I797 approval they specified as POE / Mumbai consulate.As my H1 Visa got expired and I'm on extension I have to get it stamped to work for the client

Client (my about to be employer) is asking me to go to India and get it stamped.They are ready for the travel expenses and arranging all the required documents for Visa stamping.

My concerns...

1. I Initially got stamped my H1 from chennai consulate and I'm resident of Hyderabad. So my question is why did they specify it as Mumbai consulate??? Ideally it should have been either chennai/Hyderabad consulate

2. Is it advice-able to exit US and attend H1 Interview at this moment? or should I continue my consulting job?

3. I have all the docs except 3 months - feb,march, april 2009 paystubs. Is it Risky?

4. In my current job I'm doing a consulting job and there is a vendor in middle. So is this going to effect my H1 Visa stamping for the new full time opportunity with client?

Sorry for the lengthy notes ...please please advice.

Thanks in Advance.

[bhayzone]

1. No idea. Other members might be able to add.

2. Yes. It is your best bet, since you are directly working with the H1B sponsoring company - no employer-employee relationship issues to worry about.

3. No problem. You only need last 3 months salary slips - Dec 09, Jan 10, Feb 10. For that matter you need only the last two pay slips.

4. No. Your visa interview will be based on the new H1b petition. You might be asked questions about your previous employment, but I don't see anything that will hamper your visa.

You should be fine. Good luck.

[txh1b]

You need to consult an attorney immediately. Any time that you spent in the US after your older H1b I-94 expired is considered illegal and any work performed is unauthorized as the extension of stay was denied.

[kasecse]

H1 Transfer Approved without I 94

I have applied for H1 transfer after my previous employer has withdrawn the H1B petition.I got my H1 ransfer Approved without I 94.Without leaving out of US what is the option that I have?

[raghvi]

You would have to leave US as staying and working beyond I-94 expiry is illegal.

This is my opinion not legal advice.