H1b Amendment Denied But Valid I 94

Can I stay after a H1B amendment denial with a valid I-94? This is one of the most common questions raised by H1B employees recently due to increased H1B denial. Now case is denied by USCIS on October 9,2019. My H1B Amendment got denied as of May 11th 2018. OFLC Frequently Asked Questions and Answers Important Notice: The information on this page pertains to the 2008 H-2B Final Rule. A: If your present H1B is denied and we apply for a transfer; you will not get an I-94 and you will have to travel and get a visa stamped at the Consulate. Current H1b denied I94 valid till 2020 I140 Approved am I out of status or can a new employer file my H1b, Yes we - Answered by a verified Immigration Lawyer. My OPT is valid till Oct 5,2016. How to Extend / Revalidate Your H1B Visa. USCIS Policy Change for Some Computer Programmers to Apply for H1B Status. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U. It can only be issued if the existing I-94 has expired. I had applied for h1b and it was approved and valid till 2011. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. I currently have a valid approved H1B visa until 26 oct 2018 with same employer. You can find H4 to F1 conversion checklist, filing address and other details. I received H1B approval without extension of stay. However, if you have missed the deadline, here’s a way for a hassle-free filing before December 31. Now, I am planning to go to India for a week in June, 09. is it true? or I need to leave immediately? the amendment was filed as I was going to work from different location than. In Feb 2016 , since there was a client and location change (Same employer A) an H1B amendment and LCA change was filed under normal processing. Your current petition may still be valid if you can find some work which your current petition is valid for. Denial reason is Specialty occupation. Website to find useful information related to US Visa's such as H1B, H4, E3, L1, RFE, 221G, Visa Renewal Stamping, DropBox, FOIA Process to get I-140. do an amendment for the H1B to make it a consular processing, rather than COS. If the H1B visa petition is denied, then the foreign national worker must stop employment with the new employer at that time, and the employee could be considered “out. My current I797A is valid until Oct 4th 2018, which is less than 6 months. I think I'm going to do that Live Scan tomorrow to figure out more details behind this nonsense denial. Nonimmigrants who arrive in the United States by crossing a land border will continue to receive the paper I-94 card. If you are entering the U. It is only the employer who can reopen a case and the not the beneficiary and all the requested documentation must be presented. At worst case, if my H1B transfer gets denied, will I be out of status?. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. No, you only receive a new Form I-94 if your existing I-94 has expired. Can I stay after a H1B amendment denial with a valid I-94? This is one of the most common questions raised by H1B employees recently due to increased H1B denial. My H1B amendment petition got denied. We hope that this post is helpful in clearing up some of the most common misconceptions about the I-94 and that foreign nationals are encouraged to check their I-94 records every time they enter the US. H-1B Denied? What are the options? Denied under quota Cap Gap Expired. Is Is consulate visit (stamping) needed immediately?. Employers should follow current I-9 documentation procedures, as well as keeping a copy of the worker’s I-94 and a copy of the receipt notice for the new H1B visa petition. My wife travel to home country in 12/2014 with valid previous H4 visa and stamped, and came back to US in 03/2015 so her I-94 updated online on cbp site and mentioned expire date of I-94 is 09/01/2016. is it true? or I need to leave immediately? the amendment was filed as I was going to work from different location than. H1B-H4-Visa-Renewal-Stamping-Interview in Matamoros Mexico (OR) H1B to H1 (or) H4 to H1B - Change of status stamping in Matamoros, Mexico - H1B H4 visa renewal stamping interview matamoros mexico Click HERE to Message us in Whatsapp for any INFO you need (OR) Email us : matamoros. They can then initiate the H1B transfer status, which could take several months. H1B Denial in Amendment due to Location Change If your employer filed an amendment petition due to a location change, there are chances you will be able to use your old petition and valid I-94. Thanks for quick look on my query. without the required forms will be denied. Now prime vendor is ok to transfer my H1b and file extension in premium with client B even though my I-94 expired and extension petition is in progress from my employer. My Ammendment got denied and I-94 is expired ,…My employer has filed H1B extension …So Can I work for the same client …I have not received approval for H1B Extension …What are the possible situation. My question : If i dont get a decision by November (I94 validity date), would it automatically reject H1 extension. Assuming that my H1B is approved and I get my receipt by June 1,2016. Now case is denied by USCIS on October 9,2019. Is it possible to transfer cap subject H1B to cap exempt H1B since my employer is a non profitable organization? Also am I eligible for initiating the process for my old H1B since I have a 3 years break with H1B. The complete analysis, however, is not quite so simple. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U. Now, I am planning to go to India for a week in June, 09. And the maximum they can do is to provide 'Work order form', 'Master Service Agreement'. I have visa approved till Dec 2017(same employer as part of first petition. Important Notes for H1B Transfer Process: You must be employed in H1B status on the date that the H-1B Transfer petition is filed with USCIS. There was ABSOLUTELY no issue in getting H1B transfer completed as long as you have valid I-94. Is this a good option to transfer to prime vendor? If this transfer denied,still my extension with my current employer is valid? Please suggest. Thanks Sandy. on AP has a notation on the I-94 indicating that s/he is paroled into the U. My OPT is valid till Oct 5,2016. I am with employer A and have a valid I-94 and H1B valid until Jan 2019 for Client 1. com This page is dedicated for H1B & H4 Visa…. "I just entered the US. Either a printout of your valid I-94 or an unexpired entry stamp will be acceptable as the required proof of registration for foreign nationals over 18 years of age. It is valid untill 08/21/2013. extension denied; H1 to H4 - Change of status; h1b amendment; H1B Denied; H1B Extension without RFE; h1b rfe; h1b stamping in mexico; h1b stamping matamoros mexico; H1B to H4; h4 rfe; H4 to H1B; I-797A; I-797B; I-94 Renewal; lost passport; lost passport with expired visa; lost passport with valid visa; mexico; police report lost passport; re. As long as they entered in valid visa status (and didn't use that visa fraudulently with the intent to apply for a U. The I-94 record should be reviewed for accuracy upon each entry to the United States. However, as long as your previous H1B is still valid, you can transfer your H1B to another employer, even if the H1B amendment is denied. on a valid H-1B visa and he presented his Form I-797, H-1B Approval Notice valid until March 10, 2014 and his newly extended passport, CBP would have issued him an I-94 valid until March 10, 2014. H1B Amendment denied and having I797 valid I94 till 2019 Dec-whats next. If an H1B amendment approved with I-797B, is this an issue? Question Details: I have valid I-94 with H1b and visa stamping till Sep 2018. visitors to find travel records. The expiration date on the I-94 that came with my old I-797 is Nov 2012. Getting your H-1B transfer denied can be difficult and negatively impact your life in the U. H1B transfer denied yesterday, I-94 valid till Nov 2016 For how long I can stay in US to find another job (with sponsership)? As I have a valid I-94 till November 2016, as per an Attorney I consulted said I can be here in US till I-94 expires but cannot work. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U. If CBP refused to correct the I-94, Mark could have taken a quick trip outside the U. Whereas, if you hold an H4 visa or other visa type, you cannot revalidate to an H1b visa. At worst case, if my H1B transfer gets denied, will I be out of status?. I have a valid H1B visa which contains my previous petitioner’s details. That which may, in one setting, constitute a denial of fundamental fairness, shocking to the universal sense of justice, may, in other circumstances, and in the light of other considerations, fall short of such denial. For the same reason. I was in a dilemma on how to proceed. I have valid I-94 for previous location till March- H1B amendment denied and have valid I-94 from previous location. H-1B Amendment - When is it Required? Posted By: Admin December 20, 2013 The H-1B Amendment is the petition which needs to be filed with USCIS by the H-1B Petitioner, under circumstances of a material change in the terms and conditions of employment or the employee's eligibility. I would like to know how much time I have to refile my case or find another employment i. I-797B must be given to the applicant by the petitioner. Option # 1: Your Employer may file an amendment and change status to H1B at a later point of time when there is a project (usually with consulting firms) Option # 2: You may go to a US Consulate to get an H1B visa stamping and return on H1B Presently Overseas:. Submitted by Chief Editor on Apr 6th 2009. Receiving H1B RFE does not mean that your H1B application has been denied, it simply means that there are documents or information that are missing. A's authorized stay in H-1B status is valid until November 1 st as shown on his I-94. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. Switched from L1 to H1 in Oct 2013. prior to February 15, 2013. Hi, My H1B amendment with the Client CC through my Employer AA and Prime vendor BB is denied, my original H1B and I-94 from Employer AA which i got when i am working for Client ZZ are still valid through 2018. My initial H1B approval is valid until February 2018 and my I 94 expires on Sep 19, 2017. How and When to File H1B Extension. If this happens, you will be required to leave the country when your I-94 expires. Since another employer B had filed for H1B transfer earlier, I joined him in June 1st week and currently working with him on receipt notice which I want to push it for premium by July end. If your I-94 was already expired, you need to stop working. Overstaying by 180 Days or More Triggers Unlawful Presence Inadmissibility Bar. For example, let's say you are working at site A and intend to work at site B starting from May and yo. they will issue a paper multiple entry i-94 valid for six months. Since I797, I94, and visa are given by different offices the dates get out of sync, btu for all practical purposes for an L1 one needs a valid I129/I797 and valid I-94 (both) to stay and work. If you feel that the present pending extension may be denied, you must act quickly. Am I eligible for Drop Box. 18, 2016 Rules: H1B Portability of the Form I-94, it need "not be denied simply because of a denial or withdrawal of a preceding portability. Enough evidence is not presented to prove the specialty occupation. It is only the employer who can reopen a case and the not the beneficiary and all the requested documentation must be presented. If you have lost your job, chances are that your change of status will be denied on account of your lack of respect for US Immigration laws by continuing to reside in the US beyond the valid H1B. The fee is the same as your initial H-1B Filing and. To access this record, visit the CBP's website. Is the amendment takes same time as H1 regular processing i. on a valid H-1B visa and he presented his Form I-797, H-1B Approval Notice valid until March 10, 2014 and his newly extended passport, CBP would have issued him an I-94 valid until March 10, 2014. H1B holder continues to work for the same H1B Employer, who has filed extension. Previous valid I-94 remains valid until you get a new i94 (which happens if you get Amendment approved). We have applied for valid I-94 with my husband's payslips and the same letter (which we have applied for valid I-94) got returned back in March,2013. What is Change of Status (COS) ? When a non-immigrant or an international student/ worker enters US, that alien is given a visa category. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. If you need help for your H1B petition, H1B amendment, or any H1 issues, feel free to contact us at. But I might have to make a likely visit to India sometime during end of April due to family. In the event the employee's nonimmigrant status (I-94 date) has expired while the A->B or B->C petitions are pending, the denial of any filing in the string of extension of stay and/or change of status filings undercuts the "bridge" that "carried" any petition filed after the expiration of any approved status which will result in the. But my attorney says that I am in lawful status as Amendment is still pending. My amendment and extension are still pending. My current employer has filed H1B amendment (premium mode) for this change in June 2019 and the amendment got denied just a day before. Options after H1B Denied with Valid I94 Posted: 25 Feb 2018. Form I-94 is the Travel Document Record which shows your nonimmigrant status and the length of time you can legally remain in the United States. Can I continue working on old petition , change employer ? h1b valid till - sep 2014 on project A. We entered USA on 3rd Feb 2011, and we had a new I 797 petition which had a H1 extension until 2013, though we did not have a new visa stamp since it was valid until feb 25 and our lawyer said as long. My I-94 is valid until Nov 10 2007. There is no I-94 attached when an I-797B is issued. office to send an executive or manager to the United States with the purpose of establishing one. The visa applications might have been denied. (I-797 A) Now my question is which will be my final status. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. The H1B visa “stamp” in the passport is valid through to its expiration. OFLC Frequently Asked Questions and Answers Important Notice: The information on this page pertains to the 2008 H-2B Final Rule. It was denied because USCIS was not satisfied with the project details attached by his employer. H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. green card after arriving), they may use "adjustment of status" as the procedure by which to apply for their green card even after an overstay. H1B Amendment denied and having I797 valid I94 till 2019 Dec-whats next. H1B holder has to be in valid status, while filing extension petition. All My H1B visa stamp expired in 2013 and I have I797 with attached i-94 valid till June 2020, same dates for my wife on H4. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. So i have applied for extension on mar, 2019. on a valid H-1B visa and he presented his Form I-797, H-1B Approval Notice valid until March 10, 2014 and his newly extended passport, CBP would have issued him an I-94 valid until March 10, 2014. One who enters the U. However, as long as your previous H1B is still valid, you can transfer your H1B to another employer, even if the H1B amendment is denied. This is because many a times the cbp officer enters the wrong date or extension doesn't give you i-94 attached. My I94 is valid till Jun 25 2019 and applied Amendment last year. My employer failed to respond for Intent to Deny Notice in time and now they are saying they cant appeal now. I am yet to apply the extension. I had applied for h1b and it was approved and valid till 2011. Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. stay expires or expired (as shown on the Form I-94). H1B extension denied after RFE for LCA your H1 based I-94 should be valid and USCIS approved COS because you had valid I-94 based on H1 status. I currently have a valid approved H1B visa until 26 oct 2018 with same employer. Refer to the Automatic Revalidation Fact Sheet on the CBP website. ď Ź whether a petition was filed before the current I-94 expired. but since then i havent got any project & am in bench without any paystub to maintain my legal status in US meanwhile iam expecting my baby soon Recently i came to know that am out of status because am not in companys payroll though my H1 visa validity hasnt. on AP has a notation on the I-94 indicating that s/he is paroled into the U. I was working for employer A and in April I joined company B on receipt and now in June I received H1B transfer denial. So, no, it is not necessary to reapply for a visa stamp after an H1B amendment. If CBP refused to correct the I-94, Mark could have taken a quick trip outside the U. But to use your old petition, you will have to move back to your old LCA location (based on which H1B was approved and have a valid I-94). ? Hello, We have been in USA since 2006. My I-94 is valid until Nov 10 2007. H1B Amendment petition has been denied (r. Can I have two full-time jobs under concurrent H1B? November 25, 2014 by Immigrantly It’s okay if company B’s name does not show on your valid H1B visa stamp. If your application for a change of status is approved, you will receive an approved I-797 Notice from the USCIS, along with a new I-94. can i stay till 05/15 and can continue to work. visitors to find travel records. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. H1B Amendment denied and having I797 valid I94 till 2019 Dec-whats next. I resigned from Employer A on Jan 26, 2018. Can I stay after a H1B amendment denial with a valid I-94? Cognizant facing higher Visa Denials for Computer System Analyst roles; Computer Programmer H1B role and Probability of H1B approval in 2018; Intel and several other processors affected by Memory leak bug; Trump administration proposing to end H1B extensions. If a student or scholar has received a passport admission stamp, there will also be an electronic I-94 record. Please let me know. If petition is denied. His employer had placed him at a third party client site for the project. If an I-515A is required, you will receive a paper I-94 so sthat you can complete the process with ICE. will write the duration of your valid status in the US on your I-94. Now applied H1B Amendment as work location is changed. Analysis of H1B cases filed on June 13 ,14 2018 – WAC182005*** Series; HPE ProLiant Rack Server DL380 G9 2U Review; Can I stay after a H1B amendment denial with a valid I-94? Cognizant facing higher Visa Denials for Computer System Analyst roles; Computer Programmer H1B role and Probability of H1B approval in 2018. extension of stay is also denied since the main petition is denied. Filing new H1B amendment / Extension after One H1B amendment is denied is ALLOWED. The end date on the I-94 should match the H-1B approval notice (Form I-797) or be extended for 10 additional days beyond the end date of the H-1B approval notice; If your I-94 is shortened due to your passport expiring prior to the I-797, your status will end on the date marked on the I-94 record rather than the H-1B approval notice. If your H1B extension is denied, you can work until your current i797 h1B approval is valid. 8 min read. My H1B amendment got denied, but I have valid I94 till 2020 Will I be able to file H1B transfer? I have my latest H1b petion for client A till 2020 Feb. Forums H Visas Student Visas Green Cards Other Visas General Discussions More. It was denied because USCIS was not satisfied with the project details attached by his employer. Students in valid F-1 status (D/S) as indicated on their I-20 who are no longer in their approved OPT period when the H1B petition is filed (beginning April 1st) but are still in valid F-. If your amendment is denied, your original petition still stands assuming that you continue to satisfy the conditions of your original petition. extension denied; H1 to H4 - Change of status; h1b amendment; H1B Denied; H1B Extension without RFE; h1b rfe; h1b stamping in mexico; h1b stamping matamoros mexico; H1B to H4; h4 rfe; H4 to H1B; I-797A; I-797B; I-94 Renewal; lost passport; lost passport with expired visa; lost passport with valid visa; mexico; police report lost passport; re. During the appeal process, find a new job that can file your H1B transfer in premium. No, you only receive a new Form I-94 if your existing I-94 has expired. What is Change of Status (COS) ? When a non-immigrant or an international student/ worker enters US, that alien is given a visa category. I was working on an end client location with the H1B amendment in process. on a temporary basis. Is it possible to transfer cap subject H1B to cap exempt H1B since my employer is a non profitable organization? Also am I eligible for initiating the process for my old H1B since I have a 3 years break with H1B. Your current petition may still be valid if you can find some work which your current petition is valid for. Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a “Concurrent H1B. At the port of entry the immigration officer issued me an I-94 saying I was admitted for 6 months. Can I stay after a H1B amendment denial with a valid I-94? This is one of the most common questions raised by H1B employees recently due to increased H1B denial. Hi Anil, My current I94 is valid till Feb2020. Usually, only LCA for new employment needs H1B Visa quota if it is not cap-exempt. My H1B Amendment got denied as of May 11th 2018. 3 things to be aware of when changing status from L1 to H1B. You need to ensure that your immigration documents (like I-20 for F1 students) that are tied to your status are valid too. However, H1B nonimmigrant aliens with valid H1B visas are eligible to continue traveling on their visas, while their Form 1-485 Application for Adjustment of Status is pending with the USCIS for adjudication. If your I-94 was already expired, you need to stop working. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration. Note that the admissons stamp in your travel document or the I-94/I-94W shows how long you are. Amendment to new project denied , h1B i94 valid till year end. However, there are certain situations where the fee is not required. However, as long as your previous H1B is still valid, you can transfer your H1B to another employer, even if the H1B amendment is denied. (With valid visa & I-94 / Without valid Visa & I-94); Situation : After Extension or Transfer Denial & later approved through Consular processing; 3 case details added below. Now applied H1B Amendment as work location is changed. Will this jeopardize the status of my approved H1B since my i-94 changes with my travel and the H1B was approved with previous i-94 ;since H1B will kick in on October 1. Depending on your situation the answer is Yes and No. Within a week after receiving the denial notice, Emp B refilled the transfer petition in regular processing at CSC. The officer asked to get a new visa stamped. My husband's H1B visa expired on february 25 2011. In Feb 2016 , since there was a client and location change (Same employer A) an H1B amendment and LCA change was filed under normal processing. Does the automated I-94 process apply to all the visitors? No. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. If the H1B transfer petition is denied, the H1B nonimmigrant worker may be left out of status. I have valid I-94 for previous location till March- H1B amendment denied and have valid I-94 from previous location. I had my H1B - PAI (09 Dec 2011) and I was issued a 221G asking for 'Client letter'. Additionally, employees must ensure that they only begin working on the date indicated in the petition and continue working under H1B status. If your I-94 was already expired, you need to stop working. Can I stay after a H1B amendment denial with a valid I-94? This is one of the most common questions raised by H1B employees recently due to increased H1B denial. However, my old approval I94 is valid till 13th Sep 2019. along with I-94. I have visa approved till Dec 2017(same employer as part of first petition. how many more days I can live in US before I go out of status. Can I continue working on old petition , change employer ? h1b valid till - sep 2014 on project A. In 2010 I filed for H1b extension and got it approve for 3 years. If your existing I-94 admission period is still unexpired, you can continue to work until the end of validity of your H1b petition, and if you work until the end, you can stay until your I-94 expires. If petition is denied. I got approval (June 2017 ) and I797A has date till Nov, 2019. But my Client does not entertain the practise of issuing ‘Client letters’. I and my spouse have valid H1 & H4 extension visa till 03/2019 and also i have my I-94 valid till 03/2019 noted in I797A approval notice. Forums H Visas Student Visas Green Cards Other Visas General Discussions More. only for an employer who has filed an H1B Petition on their behalf. Filing new H1B amendment / Extension after One H1B amendment is denied is ALLOWED. NOTE: If the beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, he/she may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. I have valid I-94 for previous location till March- H1B amendment denied and have valid I-94 from previous location. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Hi Anil, My current I94 is valid till Feb2020. If the worker. 3 things to be aware of when changing status from L1 to H1B. If we refile with employer B again does it come under Cap Exempt or not. Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. At worst case, if my H1B transfer gets denied, will I be out of status?. Please confirm if your employer is interested to reopen the case, then the employer must present the documents along with the fee of $630 for the motion to reopen or reconsider. H-1B Amendment – When is it Required? Posted By: Admin December 20, 2013 The H-1B Amendment is the petition which needs to be filed with USCIS by the H-1B Petitioner, under circumstances of a material change in the terms and conditions of employment or the employee’s eligibility. They can then initiate the H1B transfer status, which could take several months. My Ammendment got denied and I-94 is expired ,…My employer has filed H1B extension …So Can I work for the same client …I have not received approval for H1B Extension …What are the possible situation. Now last year I moved to Newyork and my employer filed an amendment for new client and location chan. H1B Visa “Request for Evidence” (RFE) USCIS makes an inquiry called a request for evidence, or RFE, when they require additional evidence to make a decision on a H1B case. Came back to US, changed to company B. but since then i havent got any project & am in bench without any paystub to maintain my legal status in US meanwhile iam expecting my baby soon Recently i came to know that am out of status because am not in companys payroll though my H1 visa validity hasnt. My I-94 is valid until Nov 10 2007. Presently am in USA. If the visa is denied for any reason, will I be allowed to come back to the US? Even if the Consulate denies your H1B visa petition, it is unlikely that they will cancel your F1 visa. I have a query regarding the H1B transfer while an amendment in progress. A's authorized stay in H-1B status is valid until November 1 st as shown on his I-94. Do I need to notify my current employer about my H1B visa transfer? No, as long as you have all of the documents required to apply for H1B transfer, you do not need to inform your current H1B employer about your intentions to change employers. One needs valid I-94 to stay , but one needs a valid I129 approval to work. Options after H1B Denied with Valid I94 Posted: 25 Feb 2018. ? I-94 automation will not impact a travelers' abil-ity to enter the U. During this time you should not travel outside the United States, otherwise your application will be considered “abandoned” and automatically denied. How to Extend / Revalidate Your H1B Visa. Students in valid F-1 status (D/S) as indicated on their I-20 who are no longer in their approved OPT period when the H1B petition is filed (beginning April 1st) but are still in valid F-. Your status after H1B transfer is denied but i94 still valid. H-1B Extension Denial and Rejection. Related Links: H1B Visa Cap / Quota for FY 2020 H-1B Visa Overview H-1B Visa Renewal / Extension H-1B Visa. One is H1B extension request filed before i-94 and another one is H1B amendment request filed after I-94. Daily commute (Detroit-Windsor) (H1b and Canada PR) while others have been denied. While Watiing for the H1B amendment. During the appeal process, find a new job that can file your H1B transfer in premium. extension of stay is also denied since the main petition is denied. Hi, My amendment was denied on Dec-29th-2018 for current location and yet to receive the reason for denial. Get latest Finance online at cnbctv18. If your application is not selected in the lottery, or is selected but then denied, you would lose your ability to remain in the US based on the H1B application, and would need to leave immediately. Depending on your situation the answer is Yes and No. Yes, you can work upto 240 is your H1B extension application is pending at USCIS after i94 expiry. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. Hi, I recently took an internal transfer to another team at a different location of my company but now I got an offer from another company and really want to go for that. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers. I received H1B approval without extension of stay. It clearly says Change of status on my I-797 notice and I have a valid I-94 attached with it. As the Amendment petition reduced to 1year from my stamped visa, i have checked with my employer and they asked me to apply for the h1b extension. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Is it H1B or H4 starting from Oct 1st. This ultimate guide for H4 to F1 change of status answers all the questions H4 dependents have regarding conversion from H4 visa to F1 visa. Please check with your attorney for accurate information. can i stay till 05/15 and can continue to work. My H1B amendment for change of work location is denied. My I94 is valid till Jun 25 2019 and applied Amendment last year. If the amendment was due to a role change, it is likely you will be able to continue with a previously approved petition and valid i-94. But I’ve stayed with my i94 expired and visa valid many number of times. Hi, My employer made H1B Amendment after changing the Client. * A completed Form DS-157. I-797B must be given to the applicant by the petitioner. If petition is denied. Asserted denial [of due process] is to be tested by an appraisal of the totality of facts in a given case. My H1B amendment (EVC Model) is denied after RFE, stating two reasons - "Failure to prove specialised skill set" and "Failure to prove employer-employee relationship". Your electronic I-94 record should be printed immediately after arrival. ” For the benefit of H1B employees who are interested in working with multiple H1B employers, we present here an. I have this quesiton due to this excerpt from USCIS docs :. Enough evidence is not presented to prove the specialty occupation. In order to us the automatic re-validation of an expired H-1B/H4 visa after the trip to a contiguous territory, the visa holders must have, in addition to their passport and I-797 H-1B or H-4 approval notice, a valid Form I-94 card (either from the 797 notice or printed from CBP website) passport Admission stamp showing H-1B or H-4 status. Read more about h1b visa extension processing time and fees. but since then i havent got any project & am in bench without any paystub to maintain my legal status in US meanwhile iam expecting my baby soon Recently i came to know that am out of status because am not in companys payroll though my H1 visa validity hasnt. All My H1B visa stamp expired in 2013 and I have I797 with attached i-94 valid till June 2020, same dates for my wife on H4. H1B transfer can start working on receipt with no 240 day limit. Daily commute (Detroit-Windsor) (H1b and Canada PR) while others have been denied. I was in a dilemma on how to proceed. Started working for Emp B after filing H1B transfer. * A valid passport (at least six months validity remaining) for each applicant. The denial notice say that approved I129 has been to Chennai consulate for visa processing. will write the duration of your valid status in the US on your I-94. I came across AVR , so. Form I-94 Validity: When the beneficiary with an approved Form I-129 is admitted to the United States, U. I 94 validity : November 2015 H1b amendment applied :August 2015 - regular processing H1b extension applied : September 2015. My Lawyer answered the RFE. What was your original I-94 date before H-1B amendment was filed by Company A? September 30 2009 >> 2. My petition which is valid till July 2018 is for Texas (for EFG client). So i have applied for extension on mar, 2019. Depending on I-94 validity, you may have to get your visa stamped from your home country. But I might have to make a likely visit to India sometime during end of April due to family. I would like to know how much time I have to refile my case or find another employment i. A: If your present H1B is denied and we apply for a transfer; you will not get an I-94 and you will have to travel and get a visa stamped at the Consulate.