Legal Question in Immigration Law in California

Is there any way to find the visa status without the case number?

Hi,

My H1-B visa for company A expired on Mar 30, 2000. 45 days before it, company A filed for the extension of this H1. I left the country on 29th Mar, 2000. Now, I am back with the same company A on a B1 which will expire in Aug 2000. In the meantime, on 7th April, 2000 company B filed for my new H1-B.

Q1 -How do I find the status of my visa extension with company A if I do not have the case number, but have all other information?

Q2 -Assuming that the extension has come through, can I file for a H1 transfer through company C?


Asked on 7/02/00, 7:53 pm

1 Answer from Attorneys
Daniel Huang Park & Huang

Re: Is there any way to find the visa status without the case number?

You can do a Freedom of Information Act request to obtain a copy of your H1B1 file.

However, if your case was filed, you should have a receipt for the case (A company will)

If you are certain you will move to company B or C, keep in mind that any time you change to a new petitioner (company), you will have to file a new case.

The only time you can "transfer" an H1B1 is within the same firm, but different job position.

My question to you is if you were already on H1B1, why did you not get an H visa? Instead, you traveled back here on the B visitor's visa (when you are really here to work!!) This may be consular fraud.

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Answered on 9/08/00, 12:48 pm


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