H1B Transfer - I-797B

[edoward76]

What is the name of your state (only U.S. law)? New Jersey

Do I need visa stamping if I got a I-797B form from uscis?
I did h1b transfer for company A and received feedback from uscis that the petition has been approved but the request for extension of status has been denied.. does the extension of status mean change of employer?

what are my options? Do I need to go to home country and have visa stamping? Or can I have my visa stamping to a much nearer consulate such as in canada/mexico? Or can I just cross the border and re-enter?

your inputs will be greatly appreciated!

Thanks!

 

[ImmigAttyLana]

MOst likely, if your extension of stay was denied is because you are currently out of status (not working for the petitioning employer) and therefore you will not be eligible for visa stamping in Mexico or Canada but will have to go to your home country.

If you choose to try to go to Mexico or Canada, understand that if you do and cannot get a visa there, you will have no choice but to go to your home country directly from Mexico or Canada as you will have no way of entering the US until you secure a valid H-1B visa.

 

[edoward76]

Thanks for the feedback!

Do I really need to get a visa stamp?
Isnt it an option to just cross the border and upon re-entry show the i797b and i-94. then request a new i-94 with updates that i am entering under the new employer? will this not make on status again upon re-entry?

Thanks!

 

[edoward76]

Thanks Atty Lana for your inputs. I would greatly appreciate your answers on my further queries above.

Thank you!

 

[ImmigAttyLana]

If you don't have a visa and are not visa exempt (as you would be if you were Canadian), you cannot just enter the US if you do not have a valid visa. The approval notice is only good for securing a visa and not for securing entry to the US.

 

[edoward76]

Hi Atty Lana,

Thanks for the response! I am currently in the US and I have an existing visa which is with employer A. I did H1B transfer with employer B but extenstion/change of status was denied and was given an I-797B.

Thanks!

 

[ImmigAttyLana]

Why didn't you mention that from the beginning. In that case, you'd enter with the valid visa and the new approval notice.

 

[edoward76]

So does that mean that to be on status, I can just cross the border and get new I94. 797b says that home country consulate has been advised. it is ok if I dont get visa stamping and just cross the border and reenter? Company B, who filed the approved petition (denied extension of status) whats me to go to home country and get visa stamp..

 

[ImmigAttyLana]

You don 't need a new visa if you already have a valid H-1B visa in your passport.

 

[edoward76]

Thanks Atty Lana! Now that I dont need new visa, what do I have to do to correct status?

Appreciate you help.. Thank you very much!

 

[ImmigAttyLana]

you HAVE to depart the US and reenter to activate the new approval notice and get H-1B status. If you already have a valid H-1B visa, then you just depart and reenter. If you don't have a valid H-1B visa, then you must first obtain it and then reenter.

 

[Angie779]

Similar Situation - 797B with existing valid H1 Visa

I have a similar situation. I have an existing Valid H1 Visa and I have an approved 797B Approval notice. Do I have to enter within 10 days of the start of the new petition to activate my new H1B ? Does it matter as to when I enter the US ?

I would appreciate any advice in this regard. thanks!

 

[anshu]

H1 visa out of status

Hello Attylana,

I really need your help. I got into out of status H1 b visa. I don't know how come. I quite the job with XYZ company on may 2013. But they did not cancel my h1 b visa. Meanwhile when I got offer from new employer who was ready to transfer my h1 b visa, told me I am out of status. I am very tensed. Please help me. Is there like I can call you regarding this matter or email you.

 

[FlyingRon]

Hello Attylana,

I really need your help. I got into out of status H1 b visa. I don't know how come. I quite the job with XYZ company on may 2013. But they did not cancel my h1 b visa. Meanwhile when I got offer from new employer who was ready to transfer my h1 b visa, told me I am out of status. I am very tensed. Please help me. Is there like I can call you regarding this matter or email you.

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