Hi Anil
- I was on H4 and has I94 till 10th Feb 2020.
- In March 2019 I applied for H1, which got approved on Oct 29th, 2019 (after RFE clarifications)
- My employer received I797 C copy, and his attorney did not receive I797 A copy.
- While responding to RFE my employer responded directly and asked his attorney to file G28 withdrawal.
- So now I797 A copy is not received by anyone
- My employer contacted USCIS for 2 more times and requested for I797 A copy. But unfortunately, he received only I797 C copy.
- When the employer consulted the old attorney, he is claiming that he did not receive any I797A copies.
- I tried to get the SSN using I797 C and failed.
- Now my employer sent a request to USCIS a week back to withdraw the attorney on file (G28 withdrawal) from his end and requested for I797A copy again.
Queries
- Do I have to fall back to H4 now. If so, when is the last safe date to do so.(Is my status valid to live in the USA ( without SSN) in case of delayed I797A, or should I fallback to H4 and apply for H4 extension as it expires in Feb 1st week)
- which I94 is valid now( my H1 or previous H4)
- Does USCIS accept his request to withdraw attorney or is there any other separate procedure?
- How can I/employer get I797Aand I94 from USCIS?
- Should my employer file I824/I102 now?
- The employer wants to file I824 only after confirmation about G28 withdrawal as the attorney is not co-operative…