Question - I am planning to do H1B transfer from Company A to B - My Current H1B Visa Stamped till 2023 Dec with Company A. So Once I Got approval through Company B - Am I good to travel to India in 2022 (Dont need stamping right? since I have Company B H1B Approval notice ) Also My wife Has H4 EAD & Visa Stamped till 2023 (through Company A) & working, So she also can travel india in 2022 right ? ( no stamping needed right? or H4 Approval?) - We can process H4 Extension later 2023 right?
This is correct. Visa is just a travel document, doesn’t matter if you change employer. Just carry you current (at the time of travelling) I797 with other documents like paystubs, employment verification letter etc along with your valid visa when travelling back to the US.
Thank you!! - One more quick Question - I already have i140 approved in 2018 with Employer A… Do I need to rush for another i140 Application on my new company B … Or I can do it later… Since My Priority date is 2018…Am I okay to wait till it comes to Current - Or Do I need to push my Company B for i140 again?
Regd. H1B Approved under Consular processing.
Background of my scenario:
I travelled to US in April of 2016 on an L1B Visa. My Vis was approved for the duration 11/22/2015 to 11/10/2018. Towards the end of my Visa duration, my then employer filed for an extension for which I received an RFE sometime around April of 2019, they responded to the RFE while upgrading my request to premium processing. Close to 240 days after my Visa expiration around 5th to 8th June 2019, I received a communication that my L1B extension was denied. I travelled to my home country on 23rd June 2019. I then travelled back to US on 23rd November 2019 on a H4 Visa which was approved for the duration 11/13/2019 to 04/10/2022. I received my H4 EAD in October 2020.
I applied for a H1B for the year 2021-2022 and I received an approval notice I797B stating that “The status previously accorded the worker(s) had expired before this petition was filed. Therefore, the worker(s) were out of status when this petition was filed. Thus, the worker(s) are not eligible for the requested change of status. Accordingly, the request for a change of status is denied.”
The USCIS statement is not true in my case as I still have a valid Visa till April 2022. Will I be able to appeal for a Change of Status rather than Consular processing? If not, what other options do I have? Do I have to return to my home country for Visa stamping or will I be eligible to go to Canada / Mexico for the Visa interview. Please advise.
This is what I dont understand why people think that they can wait PERM is a long process and taking anywhere from 8 to 15 months on top of the recruitment and PWD.
You should apply like NOW!
What was the reason for denial?
Did you discuss with your immigration lawyer? If you think you have not violated any immigration laws with your L1B status or H4, you should talk to your lawyer and provide all required documents for them to appeal.
Raised the SR for the above issue and it was resolved.