Hi,
My wife came to US through comp A, resigned and joined comp B using EAD, in order to keep the status we transferred the H1-B to different comp C but never work for them. As EAD could not be extended she joined new employer comp D in Oct’08 who filed for H1B-transfer working at the same client since comp B was not ready to sponsor H1 B. In Apr’09 received RFE on the H1B petition which was responded back by the employer, now we got notice that the petition is approved but has the valid date only till Dec’09 and no I-94 with the following details.
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The above petition has been approved for the classification requested. It has been determined that the names worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination.
Since the worker(s) has (have) beed found ineligible for an extension of stay, we have sent notification to the consulate shown above. If you have any questions about visa issuance, please contact the consulate directly.
If a visa is issued, upon admission in this classification the worker(s) will be authorised to be employed 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 lower portion to the worker(s) for presentation at eh U.S consulate.
If any of the named worker(s) will apply for a visa at a consulate other thn the one listed above, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request us to notify the new consulate.""""
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Please explain what exactly this means. She is still working for the employer at the client place. We still did not receive the exact reason why the petition approval was for short period and no I-94 details. Her employer’s attorney says it was because of some violation of terms of prior H-1B status and suggests to leave the country immediately and apply for visa at US consulate in home country. Problem is she is pregnant and cannot travel for the next 6 months, which will be the end of the petition period. Her H1-B visa and I-94 expired in the passport, but her I-797 and I-94 with comp C where she never worked is valid till Jan’2011. What are our options for her to continue to work and stay in US. We are planning to visit India in Dec’09 with the kids, appreciate to have your suggestions.
My wife came to US through comp A, resigned and joined comp B using EAD, in order to keep the status we transferred the H1-B to different comp C but never work for them. As EAD could not be extended she joined new employer comp D in Oct’08 who filed for H1B-transfer working at the same client since comp B was not ready to sponsor H1 B. In Apr’09 received RFE on the H1B petition which was responded back by the employer, now we got notice that the petition is approved but has the valid date only till Dec’09 and no I-94 with the following details.
"" == ** --
The above petition has been approved for the classification requested. It has been determined that the names worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination.
Since the worker(s) has (have) beed found ineligible for an extension of stay, we have sent notification to the consulate shown above. If you have any questions about visa issuance, please contact the consulate directly.
If a visa is issued, upon admission in this classification the worker(s) will be authorised to be employed 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 lower portion to the worker(s) for presentation at eh U.S consulate.
If any of the named worker(s) will apply for a visa at a consulate other thn the one listed above, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request us to notify the new consulate.""""
===== ** ==
Please explain what exactly this means. She is still working for the employer at the client place. We still did not receive the exact reason why the petition approval was for short period and no I-94 details. Her employer’s attorney says it was because of some violation of terms of prior H-1B status and suggests to leave the country immediately and apply for visa at US consulate in home country. Problem is she is pregnant and cannot travel for the next 6 months, which will be the end of the petition period. Her H1-B visa and I-94 expired in the passport, but her I-797 and I-94 with comp C where she never worked is valid till Jan’2011. What are our options for her to continue to work and stay in US. We are planning to visit India in Dec’09 with the kids, appreciate to have your suggestions.