H1B Stamping after I797 Approval

[Saisahanaa]

Hi,

I worked for Company-A until 20-Oct-2011 on H1B Visa. Company B applied for my H1B Transfer on 21-Oct-2011 on regurlar processing. My I94 expired on 25-Oct-2011. The H1B Visa was valid until 25-Oct-2011. While this Petition was in Process i got an offer from Company-C.Company-C applied for H1B Transfer on Premium Processing.After i week of Company-C's petition Company B's H1B Petition was approved. I started working for Company-C based on the Receipt Number. USCIS asked for RFE(Client Letter) from Company-C. The Client almost took 3 Weeks to give the Letter. Company-C responded to the RFE by providing the Client Letter. USCIS approved the H1B Petition last week. Company-C sent me the Email Notification.
My Attorney is waiting for the Hard Copy of I797.


Beneficiary: YYYY X
> DOB: XX/XX/XX
> Classification: H1B
> Starting Validity Date: 04/25/12
> Ending Validity Date: 05/21/14
> Consulate notified (if applicable): CHENNAI
> I-94 # (if applicable): YYYY YYYY YYYY X


I would like to know whether this Approval is I797A or I797B.

Regards,
Vel

[shervin143]

If it contains a I-94 number, then it should be I-797A.

[Saisahanaa]

Hi,

Thanks. Are you saying that the I797 will come with I94 also?

Regards,
Vel

[shervin143]

If you have filed the transfer while you were in U.S and if you have not left U.S inbetween while the transfer was in progress and if you were not out of status on h1B with the previous employer, then yes, the approval notice will come with a new I-94 attached.

Hi,

Thanks. Are you saying that the I797 will come with I94 also?

Regards,
Vel

[Saisahanaa]

Sherwin,

Thanks again for the update.

Your response:

If you have filed the transfer while you were in U.S and if you have not left U.S inbetween while the transfer was in progress and if you were not out of status on h1B with the previous employer, then yes, the approval notice will come with a new I-94 attached.


My doubt:

If you have filed the transfer while you were in U.S and if you have not left U.S inbetween

Ans: I did not leave US while the H1B Petition was in Process.


if you were not out of status on h1B with the previous employer

How do we determine that i was out of Status with the previous employer

Company-C got Receipt Notice on 28-Feb-2012. I joined work on 03-Mar-2012.

I would like to know whether i was out of status.

Regards,
Vel

[Saisahanaa]

I797 Approval Notice.

Hi,

After 2 Weeks of approval i received I797B hard copy today. In my case while the Approval Email Notification has I94 number this does not mean that you would get I797A. If Approval Email Notification has any mention about Consulate Notified this means that you will have to exit the country and go for Visa Stamping. As of now I am out of Status.

Regards,
Vel

[kabkaba]

Forget A, B, C. What matters is whether there is an I-94 at the bottom of the notice or not. If there isn't that would be a problem.

[Saisahanaa]

Sherwin,

I have a question. My I94 expired on 25-Oct-2011. Now that my H1B Transfer petition has been approved but minus I94 what is my status? Out of Status or Unlawful presence or both?


Please clarify.

Regards,
Vel

[shervin143]

The date from your last I-94 expiry until the date you are present in U.S will be considered to be illegal stay. If your stay is illegal for more than 180 days, then you can get upto 3 year ban. If it is more than 365 days, you can get upto 10 year ban from entering U.S. Do consult a good immigration attorney.

Sherwin,

I have a question. My I94 expired on 25-Oct-2011. Now that my H1B Transfer petition has been approved but minus I94 what is my status? Out of Status or Unlawful presence or both?


Please clarify.

Regards,
Vel