H1 got approved but I797 not yet recieved

A

appdev

New Member
HI,

I am in a typical situation rite now. My H1 got approved in OCT 2010. I have seen this approval status online in USCIS.gov. But its already Feb 5th and my employer is telling that he havent received H1 approval notice that is I797 form from USCIS. Its already 5 months and I am bit nervous on it. He is running my payroll on OPT status.

I am bit confused of my status rite now. Am I in OPT or in H1. I am blocked rite now as I cannot go to India with out that I797 form.

My second question is, I am frustated with this employer and if I need to transfer my H1 to different employer is there any chance I could do or do I need to wait till my I797 form comes to me.
 
appdev said:
HI,

I am in a typical situation rite now. My H1 got approved in OCT 2010. I have seen this approval status online in USCIS.gov. But its already Feb 5th and my employer is telling that he havent received H1 approval notice that is I797 form from USCIS.
-----if the employer filed H1 and got approved then Lawyer who filed H1 or Employer gets H1 approval notice in 10-15 days from the date of approval. FYI employer can also file for duplicate Copy of approval notice. May be employer is not telling you the truth.
Its already 5 months and I am bit nervous on it. He is running my payroll on OPT status.

I am bit confused of my status rite now. Am I in OPT or in H1. I am blocked rite now as I cannot go to India with out that I797 form.

My second question is, I am frustrated with this employer and if I need to transfer my H1 to different employer is there any chance I could do or do I need to wait till my I797 form comes to me.
---For H1 transfer you must be on valid H1 status and must have 2-3 latest pay stubs and H1 transfer can only filed in US by new employer if you have H1 approval notice.
Click to expand...
May be the employer knows that you will change employer and not informing you that he got H1 approval notice.
 
ginnu said:
May be the employer knows that you will change employer and not informing you that he got H1 approval notice.
Click to expand...

In this position, can I change my employer. If so, can I apply for new H1 or should I go for H1 transfer....
 
appdev said:
In this position, can I change my employer. If so, can I apply for new H1 or should I go for H1 transfer....
Click to expand...
if you have new employer he can file Fresh H1 April 2011 and if that gets approved start date will be October 2011.
if new employer wants to file H1 then you must be working in US on H1 status and with H1 approval notice and Valid H1 based I-94 and latest Pay stubs from H1 status working ( you don't have all the documents for H1 Transfer)

for more info talk to your lawyer or new company lawyer for your options.
 
You must log in or register to reply here.
Top