I797B Problem

[david123]

Hi,

My name is David. My problem is that My employer filed for H1 in 2007 and I have got my H1 approved but the change of status did not take effect. That is I got I797B. It states that I must go back to home country and get VISA stamp.

Now, The main problem is that no one realized that I have got I797B copy and I worked for almost 1 and a half year and when I got a full time offer , when I wanted to transfer to that company that company's attorney said that I must have a visa inorder to get H1 transfer. I came back to india immediately.

But my employer is not cooperating and doesn't want me to go to H1 stamping because he feels that he has run payrolls to me when I was on illegal status and he ran very less amount which doesn't meet to LCA.

Now, What shall I do? Shall I go to VISA without my employers notice, I do not have recent 2 months paystubs. I want to reveal everything to the VISA officer about my company and will tell that I got a full time offer.

Else, How can my new company(fulltime) can apply a new petition for me. Their attorney says that I must have a visa stamped inorder to get my visa transfer to their company. Please assist as I am in big trouble.

David

[shervin143]

You have been in U.S illegally for almost 1.5 years and have worked without work authorization. Chances of a successful stamping is very less. You have to consulat a good immigration attorney.

[sk4ih]

For you to work for new company, you don't need visa of previous company.

Just ask them to start new H1 for you, and once approved, you can go for visa on that approval, where you probably can try explaining to officer if needed.

Hi,
Else, How can my new company(fulltime) can apply a new petition for me. Their attorney says that I must have a visa stamped inorder to get my visa transfer to their company. Please assist as I am in big trouble.

David