H-1B extension - very strange approval notice

azzuri

Registered Users (C)
Here is what came from VSC in the approval letter for an H-1B extension. Never out of status in the US. Extension for the same employer. This letter came last Monday. The separate notice mentioned has not arrived yet. There was no I-94 but a slip like for the fresh H-1B for sb out of US to get the visa in the consulate. Consulate/POE field was blank. Any idea ?

***

The above petition has been approved for the classification requested. It has been determined that the named worker(s) are not eligible for the requested extension of stay. You will receive a separate notice explaining the reason for this determination.

Even through the worker(s) are ineligible for an extension of stay, they may depart the United States and then apply to reenter in the status shown above. Since the petition indicates the worker(s) will not require a visa to reenter the U.S., we have notified the port of entry of pre flight inspection office listed above of the approval of the classification.

Some workers may apply for admission to the United States before the beginning validity date of the petition but may not work before the beginning date. Contact this office, the port of entry or pre-flight inspection office, or any INS office, if you need information about how soon the worker(s) can enter before the validity of the petition begins.

Each worker should present the lower portion of this notice on applying for admission. Upon admission is this classification the worker(s) will be authorized to be emloyed by the petitioner for the authorized period pursuant to the terms and conditions of the petition. The petitioner should keep the upper portion of this notice and forward the lower portion of to the worker(s) for presentation at the consulate.

If the named worker(s) are going to apply for the visa at a port of entry or pre-flight inspection office other than the one listed above, the petitioner should file form I-824. Application for Action on an Approved Application or Petition, with this office to request us to notify the new port.

If any of the worker(s) included in this petition do not actually enter the United States, substitutions of different workers are not made, the petitioner must notify this office so the allocated nonimmigrant visa numbers can be re-used.

Please read the back of this form carefully for more information. If you have questions about tax withholdings, please contact the Internal Revenue Service.

This form is not a visa nor may it be used in place of a visa.

Number of workers: 1
Name DOB COB Class Consulate or POE OCC Code
xxxxxx xx/xx/xxxx xxxxx H1B1 (blank) 005
 
Extension of Stay

I am sorry I can't help you. But you got me all worried now. I just checked on the web and found out my case (H-1B extension) was approved and an approval was sent. I'll probably get it in the next week or so, but now I am all anxious about what my approval notice might say.

Did your company use a lawyer to do this? If so, I would definitely ask them what you need to do. If not, it's probably not a bad idea to consult with an attorney (the money spent will probably be worth your while). If it turns out you have to leave immediately for Canada or Mexico to get the visa, a good attorney could also possibly get you an earlier appointment (rather than doing it yourself). (But again, I'm not an expert on this so I don't really know for sure).

What are the dates of approval? My current status is valid through August and the new extension should start right when this one expires. I'll repost here once I get my approval notice.

Good Luck.
 
So did I - got a very good attorney's interpretation, you do not need to worry, this case looks like a tipical USCIS mistake and will be subject to motion to re-consider
 
Wonder if anybody could give me a second opinion on this strange H-1B approval (on the bottom of this thread). This was a timely petition for H-1B extension for the same employer.

This letter was dated June 1st, 2004. Attorney made an investigation with NSC that this letter was triggered by a mistake at the port of entry during last entry to US in Feb 2004. This person was mistakenly reported as visitor into their system while was admited on H-1B visa (as evidenced by I-94).

Attorney sent a re-amendment letter to USCIS in Vermont to correct the mistake and re-issue correct approval on June, 30th, 2004. The answer from USCIS has not come yet.

The person has stayed in US and been working for the H-1B petitioner.

Has everything been done legally ? Has this person remained in status ?
 
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