H1 B Problems

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afoviedo

Registered Users (C)
Hi my name is Andres, I have a big trouble, maybe you can help me, I arrived to USA in October 2001, I got an sponsor for H1B, but i don't if my attorney did bad process, first He sent my documents to LAbor Department, to obtain Labor Certification, that was in February 2002, after that he sent in April the I140, i don't know if he did a good choice, because i don't vahe yet aproved the labor certification.

Second, i spoke with them, and i propuse to send the I129, he sent me in August 2002 the I129 for me and th I539 for my wife H4.

I received the approval in January 27, 2003, but i have a really problem, I don't know why the Approval Notice said Valid from: 01/5/2003 to 09/02/2005 Consulate: Bogota, I don't wanna travel to my country to receive my visa, i wanna stay here, work here and wait for the labor certification. I don't know why i need to travel to receive my visa, i know that every people need to travel just for the stamp, but they can stay here of they can, and work, obtain s.s. i know evey friends, but i need your help if i can receive just the I-94 in the I129 aproval notice with the new status ( 01/25/2003 to 09/02/2005 ). my wife recevied the I539 aproved and her new status I-94 with those dates. I read my paper and said. If any of the workers are already in USA the petitioner can file a new form I-129 to seek to change or extend their status based on this petition. My question is I'm in status, or not, or can i apply for a neww I-129 as said the paper. Please help me as soon as possible. Or the last choice is travel to Colombia, you know the problems in Colombia, 'm very scared, very worried, We don't wanna go back to Colombia. Other question is if my wife had the new status, she needs to travel or she can stay here. Other question is if can i travel to other country, Canada, or Mexico. You know, I don't know if i'm in status because i arrived here in October 2001. Please help me

Andres
 
Andres,

There is so much of conflicting information in your post, it is difficult to make out the facts.

You need to clarify the following:

1. When you first came to US, what was the type of visa you had?


2. Assuming that you were issued a H1B Visa, after you came to US, then did you get the I-94 stub at the bottom of your approval notice.

3. You have to answer the above question for your wife also.

4. I-140 is not connected with the H1B visa process. I am not sure
why you included here!

5. If you have received an approval witout the I-94 then you are supposed to go to your native County and get the H1B Visa stamping in your passport.

Please note, I am not an attorney and this is not a legal opinion.
 
Thanks., for your answer.

I came here with B1/B2 visa with my wife. We apply for
H1 and H4 for my wife, i don't know why i didn't get
any I-94 with the new date ( 01/27/03 to 09/05 ). My wife got the new I-94 wiht her new date .My
question is if i need to go back to my country and get
the stamp in my country or can i go to other country (
Canada, Mexico ). I'm very worried too, because i am
in USA from October 2001, and i don't know if i am in
status, or i will have any problem for that.

About I140, the attorney sent the papers too, but i
did'nt receive any answer, because i haven't get yet
mi labor certification, i don't know if the attorney
did a good work, because he sent the I140 and I didn't
get it.
 
Andres

You can try to travel to nearest POE and try to get a new I94. With transfer from B to H, you need I94 to start working for your employer.
I cannot give U any hope...
 
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