H1 Transfer approved - No I-94
May 31st 2005, 4:20 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2004
Posts: 36
H1 Transfer approved - No I-94
Dear All,
I recently transferred my H1-B from company A to company B. I read somewhere that the transfer approval should come with a new I-94, but mine didn't, so presumably I have to go back to my home country (UK) and get one issued at the embassy.
Does anyone know of a reason why this might be? I read somewhere that with an approved H1 transfer, the USCIS sends you a new I-94 with the approval. Is this correct?
Thanks in advance for any info.
I recently transferred my H1-B from company A to company B. I read somewhere that the transfer approval should come with a new I-94, but mine didn't, so presumably I have to go back to my home country (UK) and get one issued at the embassy.
Does anyone know of a reason why this might be? I read somewhere that with an approved H1 transfer, the USCIS sends you a new I-94 with the approval. Is this correct?
Thanks in advance for any info.
Jun 1st 2005, 1:08 am
#2
Guest
Posts: n/a
Re: H1 Transfer approved - No I-94
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dandc wrote:
| Dear All,
|
| I recently transferred my H1-B from company A to company B. I read
| somewhere that the transfer approval should come with a new I-94, but
| mine didn't, so presumably I have to go back to my home country (UK) and
| get one issued at the embassy.
That's not necessarily true. Your statement is true only for H-1B
extensions. If the transfer specified the same end date as the original
H-1B, it would be expected that there is no new I-94, because the old
one would continue to cover you.
It is also possible that the adjudicating officer made a mistake. In
that case, it's very easy to fix: at any point in time before your old
I-94 expires, leave the USA and return. You will need to have a valid
H-1B visa from a consulate (if you already have an H-1B visa, it's OK to
continue using that, even if it was with the old company's petition or
in an old passport. In that case, no need to stop at a US consulate), as
well as the new petition. That's all it takes.
| Does anyone know of a reason why this might be?
There can be many reasons. As above, it could simply occur because a new
I-94 isn't required. It could also happen if the officer made a mistake.
Or it could indicate that USCIS saw some kind of problem with your case,
for instance you having been out of work before filing the transfer.
Many more reasons are possible.
| I read somewhere that
| with an approved H1 transfer, the USCIS sends you a new I-94 with the
| approval. Is this correct?
In most, but not all, cases, it is indeed correct.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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dandc wrote:
| Dear All,
|
| I recently transferred my H1-B from company A to company B. I read
| somewhere that the transfer approval should come with a new I-94, but
| mine didn't, so presumably I have to go back to my home country (UK) and
| get one issued at the embassy.
That's not necessarily true. Your statement is true only for H-1B
extensions. If the transfer specified the same end date as the original
H-1B, it would be expected that there is no new I-94, because the old
one would continue to cover you.
It is also possible that the adjudicating officer made a mistake. In
that case, it's very easy to fix: at any point in time before your old
I-94 expires, leave the USA and return. You will need to have a valid
H-1B visa from a consulate (if you already have an H-1B visa, it's OK to
continue using that, even if it was with the old company's petition or
in an old passport. In that case, no need to stop at a US consulate), as
well as the new petition. That's all it takes.
| Does anyone know of a reason why this might be?
There can be many reasons. As above, it could simply occur because a new
I-94 isn't required. It could also happen if the officer made a mistake.
Or it could indicate that USCIS saw some kind of problem with your case,
for instance you having been out of work before filing the transfer.
Many more reasons are possible.
| I read somewhere that
| with an approved H1 transfer, the USCIS sends you a new I-94 with the
| approval. Is this correct?
In most, but not all, cases, it is indeed correct.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Jun 1st 2005, 2:42 am
#3
Forum Regular
Thread Starter
Joined: Oct 2004
Posts: 36
Re: H1 Transfer approved - No I-94
thanks for the reply ingo.
if they saw a problem with my case, would they not just deny the transfer? i am just a little confused since the USCIS approved the transfer, and i assumed i would be given a new I-94. there has been an extension to the H1, as it was due to expire at the end of november this year and has now been extended to end of november 2007.
i am leaving the US in july and have a made an appointment at the US Embassy in London (as I thought that was the proper procedure) but then i remembered I read somewhere that they should just give me a new i-94 with the transfer.
i am now worried that i will get to london and there will be some difficulties over this and my return to the us will be delayed, or even worse, stopped altogether.
if they saw a problem with my case, would they not just deny the transfer? i am just a little confused since the USCIS approved the transfer, and i assumed i would be given a new I-94. there has been an extension to the H1, as it was due to expire at the end of november this year and has now been extended to end of november 2007.
i am leaving the US in july and have a made an appointment at the US Embassy in London (as I thought that was the proper procedure) but then i remembered I read somewhere that they should just give me a new i-94 with the transfer.
i am now worried that i will get to london and there will be some difficulties over this and my return to the us will be delayed, or even worse, stopped altogether.
Jun 1st 2005, 2:30 pm
#4
Guest
Posts: n/a
Re: H1 Transfer approved - No I-94
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dandc wrote:
| thanks for the reply ingo.
| if they saw a problem with my case, would they not just deny the
| transfer? i am just a little confused since the USCIS approved the
| transfer, and i assumed i would be given a new I-94. there has been an
| extension to the H1, as it was due to expire at the end of november this
| year and has now been extended to end of november 2007.
It depends on why the nature of the problem. If the problem is with the
job, or with your qualifications for the job, they would indeed deny the
transfer. If the problem is with you, say, a period of being out of
status, they would approve the petition but deny an extension of status.
That is because in this type of situation, you aren't entitle to extend
status in the US - but you may (or may not) still be entitled to H-1B
status.
Please visit my FAQ site at http://www.kkeane.com . Understanding the
difference between petition, visa and status is critical, so I have
quite a few questions in the FAQ about it.
| i am leaving the US in july and have a made an appointment at the US
| Embassy in London (as I thought that was the proper procedure) but then
| i remembered I read somewhere that they should just give me a new i-94
| with the transfer.
If you still have an H-1B visa that hasn't yet expired, cancel the
appointment. You don't need it, and they probably won't even give you
the visa unless the old visa is close to expiration.
| i am now worried that i will get to london and there will be some
| difficulties over this and my return to the us will be delayed, or even
| worse, stopped altogether.
Not likely, although it does depend on the reason for not sending the I-94.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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dandc wrote:
| thanks for the reply ingo.
| if they saw a problem with my case, would they not just deny the
| transfer? i am just a little confused since the USCIS approved the
| transfer, and i assumed i would be given a new I-94. there has been an
| extension to the H1, as it was due to expire at the end of november this
| year and has now been extended to end of november 2007.
It depends on why the nature of the problem. If the problem is with the
job, or with your qualifications for the job, they would indeed deny the
transfer. If the problem is with you, say, a period of being out of
status, they would approve the petition but deny an extension of status.
That is because in this type of situation, you aren't entitle to extend
status in the US - but you may (or may not) still be entitled to H-1B
status.
Please visit my FAQ site at http://www.kkeane.com . Understanding the
difference between petition, visa and status is critical, so I have
quite a few questions in the FAQ about it.
| i am leaving the US in july and have a made an appointment at the US
| Embassy in London (as I thought that was the proper procedure) but then
| i remembered I read somewhere that they should just give me a new i-94
| with the transfer.
If you still have an H-1B visa that hasn't yet expired, cancel the
appointment. You don't need it, and they probably won't even give you
the visa unless the old visa is close to expiration.
| i am now worried that i will get to london and there will be some
| difficulties over this and my return to the us will be delayed, or even
| worse, stopped altogether.
Not likely, although it does depend on the reason for not sending the I-94.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Jun 2nd 2005, 1:11 pm
#5
Forum Regular
Thread Starter
Joined: Oct 2004
Posts: 36
Re: H1 Transfer approved - No I-94
Thanks again for you prompt response, Ingo.
Just one last clarification - regarding cancelling the appointment at the embassy. So I don't need to go there and have a new visa issued? I can just leave the US and re-enter using my current H1 and approval notice and have my status extended to the new expiration date?
Just one last clarification - regarding cancelling the appointment at the embassy. So I don't need to go there and have a new visa issued? I can just leave the US and re-enter using my current H1 and approval notice and have my status extended to the new expiration date?
Jun 2nd 2005, 9:55 pm
#6
Guest
Posts: n/a
Re: H1 Transfer approved - No I-94
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dandc wrote:
| Thanks again for you prompt response, Ingo.
| Just one last clarification - regarding cancelling the appointment at
| the embassy. So I don't need to go there and have a new visa issued?
Correct. As long as the old visa has not expired, you can continue to
use it. It is *not* tied to the employer. Don't let the fact that the
old employer is printed on the visa distract you - that's just for
informational purposes and has no legal meaning.
| I can just leave the US and re-enter using my current H1 and approval
| notice and have my status extended to the new expiration date?
Correct. Do be sure to check the I-94 at the airport; sometimes, the
officer accidentally issues the I-94 only until the date the visa
expires, or the old petitions expiration date. Try and have that
corrected right away.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Hash: SHA1
dandc wrote:
| Thanks again for you prompt response, Ingo.
| Just one last clarification - regarding cancelling the appointment at
| the embassy. So I don't need to go there and have a new visa issued?
Correct. As long as the old visa has not expired, you can continue to
use it. It is *not* tied to the employer. Don't let the fact that the
old employer is printed on the visa distract you - that's just for
informational purposes and has no legal meaning.
| I can just leave the US and re-enter using my current H1 and approval
| notice and have my status extended to the new expiration date?
Correct. Do be sure to check the I-94 at the airport; sometimes, the
officer accidentally issues the I-94 only until the date the visa
expires, or the old petitions expiration date. Try and have that
corrected right away.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Jun 3rd 2005, 4:30 am
#7
Guest
Posts: n/a
Re: H1 Transfer approved - No I-94
dandc wrote:
> Just one last clarification - regarding cancelling the appointment at
> the embassy. So I don't need to go there and have a new visa issued?
> I can just leave the US and re-enter using my current H1 and approval
> notice and have my status extended to the new expiration date?
You do understand that Ingo talking about H-1B entry visa stamp that
stamped (not stapled, not paper) in your visa, don't you?
And that embassy / consulate don't issue I-94?
--
Stephan Paul Arif Sahari Wibowo
_____ _____ _____ _____
/____ /____/ /____/ /____
_____/ / / / _____/ http://www.arifsaha.com/
Disclaimer: I am an amateur observer in this matter, not
professional nor legal counsel in the matter,
my advices - if any - should be treated as such.
> Just one last clarification - regarding cancelling the appointment at
> the embassy. So I don't need to go there and have a new visa issued?
> I can just leave the US and re-enter using my current H1 and approval
> notice and have my status extended to the new expiration date?
You do understand that Ingo talking about H-1B entry visa stamp that
stamped (not stapled, not paper) in your visa, don't you?
And that embassy / consulate don't issue I-94?
--
Stephan Paul Arif Sahari Wibowo
_____ _____ _____ _____
/____ /____/ /____/ /____
_____/ / / / _____/ http://www.arifsaha.com/
Disclaimer: I am an amateur observer in this matter, not
professional nor legal counsel in the matter,
my advices - if any - should be treated as such.
