H1 Transfer !!! Please help !!! Urgent

N

noor_iqb

Registered Users (C)
Hi All

I cam to US on July 31, 2000 thru one company.And the H1 expired on Oct 30,2001. But my company applied for my H1 extension on June last week and I got the Receipt number.It was applied thru California Servuce Center.But unfortunately I got the query for my case. So when I contacted my company they said, they will send the some required documents to INS.
Since I did not get my H1 until March middle of 2002, I got another company offer and I joined them from last week of March 2002 with the old company's H1 extension receipt number.
But the new company applied my H1, still I did not get my H1 approval.
So what will be the reason. I am planing to go to India coming decmber.
So can I go outside of US and come back.
Or I have to wiat until my H1 got approved.
This h1 transfer applies thru Nebraska Service Center.

Any explansion woulb be appreciated.

Thanks
 
Do you have a receipt?

Do you have a receipt notice from the new employer? Are you sure about the dates of RFE, Response and your employer transfer? Did you check the status of the old receipt number?
As long as that h1 extension was approved and your new h1 transfer was filed before expiry of the extension petition, you can use AC21 to come back into US while the h1 transfer is pending.

However, be warned
1. If your previous employer withdrew the h1 after you changed jobs, then you might be potentially in out of status. So it is better to get the h1 approval from your old employer...

2. Generally, travel outside US while a petition is pending with INS is intrepreted as abandonment of that petition.

So it is advisable to hold out and wait for this approval. This is my opinion.
 
I dont have receipt

Hi

Thanks for your reply.
I dont have receipt number from my current employer.But when I contacted my new employer , he is saying that he received my receipt number but he is not giving it eo me. God knows why he is doing like that.
So because of this situation, I am not able to check my status.
But I checked the old stauts and it reamains the same VM saying that "we received the response or evidence that we asked for this case and this type of case will take approx.. 30 -60 days...however this case's primary requirement is already over, it will take approx..60 days".This was the responce for the old receipt number and I got this message mon March 28 and it reamains the same VM till now. I dont know why
So could you please tell me why this happening.

So I am sure old employer did not receive my H1 extension approval.
More over my new company applied for transfer?
So could you please tell me what stauts I am right now?

Thanks for your help

Noor
 
Ask old employer

for the h1 approval. it is likely that the h1 approval was sent to them. That will make your status valid, irrespective of whether you are able to trace the current h1 or not.

INS can ask you to prove that you were in status all along, if the old h1 was denied then you might be out of status for the period from oct 2001 until you joined the current employer.
Maybe, all you will get might be a RFE.
 
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