You are here:

Immigration Issues/H1 transfer approved without I-94

Advertisement


Question
Dear Ajay,

I am working for company A, I applied for H1 transfer through company B.I submitted all the required papers to company B and want to India with their permission (March 2010).Company B filed the transfer while I was in India (April 2010). USCIS approved the transfer and stated that they had records saying that I left US in March 2010 but no record that I came back, so they did not attach an I-94 with the approval petition. Right now I am in USA since June 2010 with an I-94 from the company A's H1, but I am not sure If that is valid.
So what am I supposed to do.

Thanks

Answer
Hi,

Since grant of extension of status (EOS) requires that you have been in the U.S. when Co. B filed for you, and to continue to remain in the U.S. until EOS has been granted, and since the H1B approval notice did not grant you extension of status, in order to be employed by Co. B, you will need to either depart the U.S. and enter the U.S. again on unexpired H1B visa stamp in U.S. passport (even if the visa stamp has Co. A's name), or else have Co. B again file H1B petition requesting EOS.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.