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H-1B approval: Form 797B without I-94

H-1B approval: Form 797B without I-94

Old May 9th 2001, 6:34 pm
  #1  
Mark Zhang
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My H-1B petition was approved by INS on 1/24/2001. I received the Form I-797B without
I-94, but with a tear off bottom section saying "You may tear off this section to
apply for visa at Consulate..."

I had thought this is the approval of "CHANGE OF STATUS" to H-1B. However, I just
learn that I-797B is not granting any "change of status". And, I didn't go to home
country to apply for visa. Even worse, my F-1 practical training period has expired
since Feb 2001.

Am I illegal in US now? What's the option my company and I have to correct this?
 
Old May 11th 2001, 12:04 pm
  #2  
Sylvia Ottemoeller
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Mark Zhang wrote:

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Yes. There is one possible exception: if the I-129 form requested a change of status,
and INS made a mistake in issuing the I-797. In that case, perhaps you could get a
corrected I-797 from INS. Have you seen a copy of the I-129 which was filed?

What's the option my company and I have to correct
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You leave the U.S., get an H-1B visa stamp, and re-enter in H-1B status. It's not the
end of the world.
 
Old May 11th 2001, 6:39 pm
  #3  
mhz21
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I did see a copy of the I-129 application, in which the laywer requested a "change of
status". Seem INS made a mistake here. Thanks a lot for your info!

Sylvia Ottemoeller
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[usenetquote2]>> My H-1B petition was approved by INS on 1/24/2001. I received the Form I-797B[/usenetquote2]
[usenetquote2]>> without I-94, but with a tear off bottom section saying "You may[/usenetquote2]
tear
[usenetquote2]>> off this section to apply for visa at Consulate..."[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> I had thought this is the approval of "CHANGE OF STATUS" to H-1B.[/usenetquote2]
However, I
[usenetquote2]>> just learn that I-797B is not granting any "change of status". And, I[/usenetquote2]
didn't
[usenetquote2]>> go to home country to apply for visa. Even worse, my F-1 practical[/usenetquote2]
training
[usenetquote2]>> period has expired since Feb 2001.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Am I illegal in US now?[/usenetquote2]
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[usenetquote2]>> this?[/usenetquote2]
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Old May 16th 2001, 2:03 am
  #4  
Wonho Oh
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Mark Zhang wrote:
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My understanding is staht you are legal to stay and work for your current employer
who petitoned your H1. But when you leave the country, you need visa to come back.
As long as you are not leaving the country, everything is fine until your current
H1 expires.

Wonho Oh Center for Data Intensive Computing Brookhaven National Lab
H: 631-696-2705, W: 631-344-8156, F: 631-344-5751
 

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