Legal Question in Immigration Law in Virginia
is this possible wtih h1b transfer
hi
need attorny for the below case
i am with company A and recently applied for a h1b transter to company B..even though i had all the required documents and pay slips, my h1b transfer got approved without i94....
am not in a position to leave the country at this time and at the same time,i dont want to leave the offer with company B..
please suggest,is there any way i can reapply and get i94 with company B without leaving the country..
please suggest
2 Answers from Attorneys
Re: is this possible wtih h1b transfer
Simply send a letter to the USCIS district office
which approved your H1B transfer explaining the situation with a request that you be reissued an I-94 card.(Attach a copy of the transfer approval.)
Re: is this possible wtih h1b transfer
If the Service Center did not approve the extension, there may have been a determination that you were not in status at the time of filing of the transfer petition. If you believe the Service erred in its decision, you would have to file a motion to reopen or reconsider. Unfortunately, such motions are not adjudicated on a timely basis. The path of least resistance may be to go abroad (not necessarily to your home country) and apply for a new H-1B visa. You would be able to go to a US Consulate in Canada (unless you are unlawfully present in the U.S.).
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone consultation.
Anthony F. Siliato
MEYNER AND LANDIS LLP
www.meyner.com
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