H1B Approved without I94 and got petition I797B

USA H1B
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  1. my H1B MAXOUT is JUN 2020
  2. PERM filed on May 2019 ( one year before MAXOUT date, so i am eligible for one year extension, 7th year)
  3. PERM approved on July 2019
  4. Petition expired on 12/31/2019 and I94 on 01/10/2020
  5. H1B extension applied on NOV 2019
  6. GC I140 filed on DEC 2019
  7. GC : I140 Approved in March 2020
    7… Extension approved on April 2020
  8. received approved petition I797B without I94 ( counselor petition)

anyone got I797B for normal H1B extension. please advise me

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USCIS gives a reason as to why they approved H1B extension without new i94.

Did your Employer filed H1B with consular processing?

If not, then check the approval notice. It will have the reason as to why USCIS did not issue new i94.

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thanks Anil

Employer filed Normal H1B extension
approval notice does not have any reason mentioned in it.

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I don’t believe this. I have nothing to say then.

If there is no new i94, then you need to go out of US and then reenter.

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Submitted H1B transfer with Y company last Feb 2020, and got I-797B form on May 14th 2020, but previous H1B visa and I-94 with X company got expired on March 31 2020, currently am in US, and how long I can stay here? Booked the ticket on july 14 towards India, any issue from immigration side, while am travelling to India?

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There is no such time frame.

An automatic 3 year entry ban will trigger if you stay for 180 days without any pending extension after i94 expiry.

So, leave as early as possible.

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Hi Anil, Thanks for your reply, I have already crossed 180 days with my previous X company I-94(expired on March 31 2020), but now I have received new i-797B on May14th 2020 form new company Y and its valid till March 2023, so still I will get 3 year ban? Any issue when am entering again to US once H1B got stamped?

Thanks
Nitha

1 Like
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Ban is issued only if you stayed in US unlawfully.

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