H1 transfer denied - New H1 approved

4

4beegie

Registered Users (C)
My wife and I received our Advance Parole approvals yesterday for our AOS(485). My wife also received her EAD in mail today, which was approved on June 7th. So she can work for anyone now.

I have another issue that I need your advice on. My wife had recently changed her job and had applied for H1B transfer/extension to work with the new employer. She had an H1B with her previous employer, which was valid until June 2006. Her previous employer had never revoked her H1B. She worked with her previous employer until mid December 2003. She got an offer from her new employer by mid January 2004 and applied for her extension by late January.

Today, she rec'd her NEW H1B approval which is valid till Feb. 2007, although her transfer/extension for the previous H1B was denied. It states that she was out of status for 5 weeks before she joined her new job and that she needs to go out of the country and get a new visa stamp.

  • What do you think are the implications of this denial.
  • Do you think she can continue working with her current employer on the basis of this NEW H1B approval ( this approval notice, doesn't have I-94 at the bottom), or should she use her EAD. What should she do for her I-94.
  • Do you think she needs to go out of the country and get a visa immediately, or should she use her EAD since its not advisable to travel abroad while AOS is pending.
  • Do you think this might have some implication on our ( or specifically her) AOS.
  • Do you think we need not worry about anything related to H1B if she uses her EAD as H1B doesn't hold good after using the EAD.

please let me know what you all think and what can be done.

Thanks
 
Your visa stamp lasts till June 2006. The US embassy in my country does not issue a new stamp in this kind of case and tell you to use the previous stamp with your new approval notice. I wonder if I really have to get a new stamp or getting a new I-94 by re-entering the US is enough. Has anyone experinenced it?

Thanks
 
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