H1B Transfer issue

[tinku40]

Hi, I have facing a real situation on hand.

I quit Company A on Aug 30th last year. And I was supposed to report in Company B on Sept 1st. But just a couple of days before my last day in company A, I got a call from Company C, who recruited me and gave me 20th Sept as my start date. Due to this I was ‘out of status’ for 20 days.

Company C had filed for my H1B transfer in Sept, 07 and finally got it approved last week. But to my dismay, my H1B has not been extended. And my VISA is going to expire on the 10th of May.

I am not really sure why my Visa was not being extended and I am in a spot as to what to do next. My questions are:

1) Can Company C file for my H1B extension again?
2) Can Company C appeal for my extension?
3) What is the best way that my company can deal with this situation?

Please suggest.

[simran]

when u say visa wasn't extended, what do u mean by it. ur H1 Xfr or stamp on ur pp, or something else.

[tinku40]

Hi Simran, thanks for the reply.

What I meant was my company C was able to get my H1B transferred from Company A. But it could not extend my H1B beyond the original expiry date i.e. May 10th, 2008. According to company C's lawyer, the reason for not extending my H1B is because I was 'out of status' for 20 days before my start date in Company C.

[tinku40]

I just figured out... the petition papers are with my company.. I still havent got a chance to look at it... And I believe its 30th April!! My I-94 expires on May 10th.

I think its all done now... My company's totally messed it up with my H1B...

Do u think there is still a way to file for my extension? or is this is the only solution? back to India!!!

[cncd1]

Now you understand while being in status at all times is important.

I hope you are making plans to leave so that you do not compound the problem more given your stay is only authorized until 5/10/2008.

[simran]

I just figured out... the petition papers are with my company.. I still havent got a chance to look at it... And I believe its 30th April!! My I-94 expires on May 10th.

I think its all done now... My company's totally messed it up with my H1B...

Do u think there is still a way to file for my extension? or is this is the only solution? back to India!!!

u wake up little late, it would have been better if u have tried to do the ext thru premium processing, it may or may not have worked. but since ur H1 visa is no longer valid after 30 Apr, u have 10 days to leave. also in the mean time ask ur company to file for H1 ext and once its approved, u need to get a stamp to re-enter. if u have a good lawyer it will work.

[tinku40]

Thanks Simran... I was told by the company's lawyer in the mid of april that my petition got approved on the 3rd of April... Maybe there have been similar instances before but who would have thought that uscis would just approve the trasnfer and not extend my H1B... It really doesn't make any sense... And to make matters worse, USCIS dispatched the mail notice only on the 26th of April and it reached my office only on the 2nd of May... And I did not even get a gap to refile for it...

I am not sure if they can re-file for my extension or if my H1B is already terminated but as you mentioned I will give it a shot for filing for extension.

Thanks.

[tinku40]

Hi, getting back to the same issue,

1) I checked the petition papers and to my surprise, it is now actually valid till 2010.
2) But the mail notice says that my H1B is not extended due to my ‘Out of status’ for 17 days.

My company’s attorney termed this situation pretty strange and has filed an inquiry with INS to see if the decision could be reversed.

My questions are:
1) Since my I-94 expires on May 10th, do I still need to travel to India by the 10th? Or can I wait till I get a response from INS and then act accordingly?
2) Has anyone faced a similar situation? Any useful inputs while dealing with the consulate?

Thanks!

[simran]

Hi, getting back to the same issue,

1) I checked the petition papers and to my surprise, it is now actually valid till 2010.
2) But the mail notice says that my H1B is not extended due to my ‘Out of status’ for 17 days.

My company’s attorney termed this situation pretty strange and has filed an inquiry with INS to see if the decision could be reversed.

My questions are:
1) Since my I-94 expires on May 10th, do I still need to travel to India by the 10th? Or can I wait till I get a response from INS and then act accordingly?
2) Has anyone faced a similar situation? Any useful inputs while dealing with the consulate?

Thanks!

if ur H1 is extended till 2010 but I94 not, then u need to go out and re-enter back again. don't stay after may 10 even ur lawyer say so. if uscis doesn't fix ur I94 ext then ur stay after may 10 will be counted as illegal. its better just go out of US and re-enter, u will get new I94 till 2010