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Immigration Issues/H1B TRANSFER BUT I797 WITHOUT I94

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Question
Hi,
I was on h1b visa and my last day of employment was 7th jan 2013. Today till 24th,  i have got two job offers. one from consultant and one full time from direct employer. Today both of them applied for LCA (on 24th jan) and tends to apply H1 transfer (and h4 ext)  in next week after LCA approval.
my questions:

1. what will be preferable? whether to apply h1 transfer normal or with premium?

**2. I heard from the company HR  that if h1b is applied AFTER 10 days BUT WITHIN 30 days of unemployment, then basically even after successful h1 transfer, I might NOT get I94 which is attached below I 797. Is this true and does it happens every time? When sum1 doesnt get I94?

3. If I dont get I94, then wats d procedure? And how soon I need to leave country and come back with valid I94?
Adithya

Answer
1) Normal might take over 3 months and premium w/in 14 days; in your situation I would suggest premium.
2) Yes it is true; however, if you get an RFE and make cogent explanations about the gap - USCIS may issue I-797 with an I-94.
3) within a reasonable time (less than 30 days.)

Best wishes,  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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