Immigration Issues/H1B transfer issue
I need to discuss about my H1b extension petition denial case. Here is
the background and current situation about my case.
I entered in united states in Aug 2004 on H1B visa sponsored by
In April 2005, I switched to another employer B.
B filed for my H1B petition extension and I received the approval notice
(I-797), my I-94 automatically got extended till April 2008.
In March 2007, I switched to my current employer C.
They filed for my H1B petition extension. The application was sent
California immigration service center. California center raised 2 RFEs
for more evidences on the contract detail between my current employer
and preferred vendor of Merrill Lynch through which I was placed at this
job in Merrill as a consultant. Eventually California center denied the
application on reason of not providing letter from end client (Merrill
Lynch) as evidence. They provided a option of appealing on denial case
subject to submission of the required documents ( letter from Merrill
Lynch). I managed to get a detailed letter from Merrill Lynch HR stating
that I'm working for Merrill Lynch since Feb 2005 to till date as a
consultant and my contract is subject to extension. My employer has sent
the appeal application with letter from Merrill Lynch to California
center( online when you check case status it says the appeal is under review). Meanwhile he re-filed application for H1B petition extension at
Vermont immigration services on premium processing to expedite the process. Vermont center sent the approval notice with a clause asking me
to go to Mumbai consulate to re-stamp the visa as I didn't managed to
keep my status since the day California center denied my application
till the date I re-applied at Vermont center.
I'm not sure what can i do in this situation. please advise the best route i can opt for in this
situation. thanks in advance
Since you are unable to work for Employer C legally without the H-1B visa stamp in Employer C's name (and this visa stamp will be issued only by the U.S. Consulate in Mumbai), you should depart the U.S. to be issued the visa stamp.
It is too late to transfer to another Employer (such as Employer D) since the approval notice that is issued will similarly not grant "extension of status" but only H-1B status conditional upon valid H-1B visa stamp.
Ajay K. Arora, Esq.