Legal Question in Immigration Law in California

Hi,

I was working in company X and they decided to shutdown the company. So they are keeping us on low pay $200 per pay check to help them with the closing process from Dec 21st onwards. Now I transfer my H1B to another company Y and seems like they opted for consular processing while filing the transfer. I got H1 transfer approved on Jan 31st.

Which says "Consular Notified (if applicable): CHENNAI" . I haven't received I797 yet but I believe it will be coming without I94.

So is it necessary that I need to goto India to get it stamped. Or just need to go to Carribian Islands and come back so that visa will get revalidated (so that I can avoid stamping of visa in consulate)?

NOTE: My Visa and current I94 is valid till Sep 2014. My family is also with me.

Thanks in advance!!

Thanks


Asked on 2/05/13, 4:14 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The problem with going to another Consulate as a 3rd Country National is that Chennai is going to have the file! It is odd that they did not file the I-129 as a "change of employer", which never requires sending the file abroad. Looks like someone possibly made a mistake.

I would recommend that you have an Immigration Attorney review the I-129 in-person to see exactly how the petition was completed before you leave the country.

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Answered on 2/07/13, 12:39 pm


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