View Full Version : h1b Transfer
P.G.N.Nuri
11-26-2008, 09:38 AM
Hi Seniors,
I need help and suggestions in my case. I filed for a H1 transfer From company A to B. Along withmy I-129, I also filed I 539 for my wife. After Upgrading to PP I got an RFE and was responded by my employer.
Yesterday I received an approval notice for my wife H4 at my residence and with i-94. My employer said that he received a courtest copy of my h1 approval notice yesterday. When asked abt the dates of approval he said that the courtesy copy will not have I-94 and its just a notice. Original approval Notice with I-94 will be sent to Attorney.
I have couple of questions here:-
1) Is my employer telling truth that courtesy copy will not have I-94?
2) Since my wifes H4 had been approved, can I assume that my H1 was also approved with extension of stay I-94 (There are no updates on site)
3) I heard that H4 will be approved in cases of extension IF and Only IF underlying H1 is approved and the approved H4 will have the same expiry dates as H1?
4) My Attorney is not at all willing to call USCIS office. She say she dont want them to be annoyed and as there are many cases with her, she wants the calls to USCIS minimum from her law office.
5) Yesterday when checking the USCIS site It displayed me a message saying that "This IP adress had been blocked for some duration because of excessive usage..To avoid this create a customer account or represetnative account etc etc" .I am checking using a customer account only.. Will this message will have any Impact on my H1 as it seems that they are tracking request per Ip adress?
6) Is there a limitation on number of times I can acess the USCSIS site in a day?
I started with a small list of questions but ended with quite a big list. Any suggestions advise will be truely appreciated.
Thanks in Advance
upendar
11-26-2008, 10:54 AM
Hi Friends,
Anybody attended to US consulate after november 18, 2008, in chennai .If any body there please give me u r contact number.
P.G.N.Nuri
11-26-2008, 12:33 PM
Hi Upendar,
I truely dont understand how your question is a response to my question. If you want to post your question please start a new Thread.
Hi Seniors.. One more thing I forgot to mention is I was never out of status nor was there a gap in my payroll not even for a single from 8th day of landing in US.First 8 days my employer asked me to wait as he needs to get SSN.
contact 01
11-26-2008, 03:30 PM
I need help and suggestions in my case. I filed for a H1 transfer From company A to B. Along withmy I-129, I also filed I 539 for my wife. After Upgrading to PP I got an RFE and was responded by my employer.
Yesterday I received an approval notice for my wife H4 at my residence and with i-94. My employer said that he received a courtest copy of my h1 approval notice yesterday. When asked abt the dates of approval he said that the courtesy copy will not have I-94 and its just a notice. Original approval Notice with I-94 will be sent to Attorney.
I have couple of questions here:-
1) Is my employer telling truth that courtesy copy will not have I-94?
Though the courtesy copy does not have I-94 details but definitely it will have the details of H-1B validity period. The courtesy copy is mainly for the employer to maintain the H-1b approval copy of his employees who are under H-1b status for public access purpose.
So, ask you employer to tell the validity period of the H-1B and also try to get a copy of the courtesy notice.
2) Since my wifes H4 had been approved, can I assume that my H1 was also approved with extension of stay I-94 (There are no updates on site)
If your employer has given the H-1b receipt, then go into USCIS website and enter the EAC number and then you will come to know whether your case is approved and when it is mailed out by USCIS.
3) I heard that H4 will be approved in cases of extension IF and Only IF underlying H1 is approved and the approved H4 will have the same expiry dates as H1?
Yes, H4 will have the same validity period of H-1B, but sometimes the date may differ. that is couple of days
4) My Attorney is not at all willing to call USCIS office. She say she dont want them to be annoyed and as there are many cases with her, she wants the calls to USCIS minimum from her law office.
Your attorney can call the USCIS and register a complaint after 30 days from the date of approval if they have not received the approval notice till then.
5) Yesterday when checking the USCIS site It displayed me a message saying that "This IP adress had been blocked for some duration because of excessive usage..To avoid this create a customer account or represetnative account etc etc" .I am checking using a customer account only.. Will this message will have any Impact on my H1 as it seems that they are tracking request per Ip adress?
No like that, Usually the approval notice goes to attorney office and courtesy copy will be mailed to your employer's address.
6) Is there a limitation on number of times I can acess the USCSIS site in a day?
There is no such limit. You can access USCIS website whenever you want and also any number of times
Note: This is not a legal advice, please consult an attorney
P.G.N.Nuri
11-26-2008, 04:17 PM
Thank you so much. This response is a true stress buster. Thanks :)
Will request the employer to send me a copy of courtesy approval notice.
I checked the USCIS site but it does not show any change in the status.It shows RFE message for H1 as "On october 10 we had sent you a ....." After this message we responded and employer also said that he received a courtesy copy.
My Wife h4 status is being shown as received and pending Which Infact I received the physical Approval Notice couple of days back.
So I dont have a chance to check the website and know the status.May be they have not updated the site for a while.
My wife will have an approval with I-94 only if I have the approval with I-94 ....so Can I assume that my H1 is approved with I-94 based on my wifes H4 approval?? (Though only confirmation till now is Employers words and also he have only cortesy copy which does not tell whether the original H1 approval has or does not have I-94)
Is there a chance even minute that I may receive the final approval without I-94... I am really worried about this possibility even I was never out of status even for a single day..
contact 01
11-26-2008, 04:59 PM
I checked the USCIS site but it does not show any change in the status.It shows RFE message for H1 as "On october 10 we had sent you a ....." After this message we responded and employer also said that he received a courtesy copy.
My Wife h4 status is being shown as received and pending Which In fact I received the physical Approval Notice couple of days back.
So I dont have a chance to check the website and know the status.May be they have not updated the site for a while.
My wife will have an approval with I-94 only if I have the approval with I-94 ....so Can I assume that my H1 is approved with I-94 based on my wifes H4 approval?? (Though only confirmation till now is Employers words and also he have only cortesy copy which does not tell whether the original H1 approval has or does not have I-94)
Is there a chance even minute that I may receive the final approval without I-94... I am really worried about this possibility even I was never out of status even for a single day..
Sometimes USCIS does not updates their system.
Further on the basis of the principal applicant's paper work [yourself] only the dependents get their visa. If your spouse has received the H4 approval notice then definitely your application must be approved. Only here it is a matter of time.
Another one thing courtesy copy will definitely have the details of H-1B validity from which date to which date granted.
Even if you get the H-1b approval notice without I-94 details , there is always a chance to file form I-102 - replace or receive an I-94 Non immigrant Arrival- departure record.
Please don't get paranoid.
Please relaxed and wait for approval notice. Always think positive.
Note: This is not a legal advice, please consult an attorney
P.G.N.Nuri
11-26-2008, 08:31 PM
Thanks a Lot ..Thanks a lot...Thanks a lot..
After many agonizing days of waiting and tension, now I can safely and happily sleep peacefully with out any night mares.
Thank you so much
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