H1 visa stamp and work authorization

A

aboumoa

New Member
Hello,

I had an H1B visa for one year after which I changed employer and I had an extension while in the US. I went on a vacation and went to the US embassy with I-797 to get the visa stamp to be able to get back to work. I was put on extra processing for 8 weeks now. I went back to the US with my B1/B2 visa but my employer says I am not authorized to work as the I-797 is invalid anymore to confer work authorization once I left the US and the visa stamp is the only work authorization now. Is this true? and what can I do? I am in the US now and want to return to work?

Thanks,
Ahmed
 
You entered US on a B1/B2 visa while your H1B visa application was still pending? You cannot work in the US now since your new I-94 (issued upon entry) is for B1/B2 which does not allow work. You will have to go back and re-enter on a H1 visa.
 
As B1/B2 Visa goes, it won't allow you to work. You need to get back & re-enter on H1 Visa.

Disclaimer: The information provided is of a general nature and is not intended to be construed as legal advice or creating an attorney-client relationship with Law Firm.




aboumoa said:
Hello,

I had an H1B visa for one year after which I changed employer and I had an extension while in the US. I went on a vacation and went to the US embassy with I-797 to get the visa stamp to be able to get back to work. I was put on extra processing for 8 weeks now. I went back to the US with my B1/B2 visa but my employer says I am not authorized to work as the I-797 is invalid anymore to confer work authorization once I left the US and the visa stamp is the only work authorization now. Is this true? and what can I do? I am in the US now and want to return to work?

Thanks,
Ahmed
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