HELP!!! h1b without i94 card stuck in a foreign country

H

h1bi94

Registered Users (C)
Hi,

I have h1b status but my consulting company will not release my I94 card to me. They have not provide any project or pay to me for the last 4 months. I travelled outside of US last week for an emergency now US Consulate will not give me a visa stamp on my passport without the original I94 card. Can I get back to US without the visa stamp? or Can I get a new I94 card myself? is it legal for the consulting company to hold my I94card?

Any information will be greatly Appreciated.
 
> US without the visa stamp

No.

> can I get a new I94 card myself

Probably not.


> is it legal for the consulting company to hold my I94card

I-94 is an indication of your authorized entry. It is purely yours, your employer has no business holding on to it.

You can force them to give you your I-94 by threatening to complain to USCIS. However, remember that they are legally allowed to terminate your H1B at will, even without a day's notice. If they terminate (or have already terminated) your H1B, you cannot enter the US (or get a visa) until you find a new sponsoror.


~T
 
So what can I do now? I had to hired a lawyer first time to get the copy of h1b file number from them so I can try to get transferred to a new company. They did send a copy of all the forms and the I94 approval noticed. I went on INS site, H1b status is still valid. The consulting company did not terminate my H1b. Second company have not start the transferring process.
 
h1bi94 said:
Hi,

I have h1b status but my consulting company will not release my I94 card to me. They have not provide any project or pay to me for the last 4 months. I travelled outside of US last week for an emergency now US Consulate will not give me a visa stamp on my passport without the original I94 card. Can I get back to US without the visa stamp? or Can I get a new I94 card myself? is it legal for the consulting company to hold my I94card?

Any information will be greatly Appreciated.
Click to expand...
How can a consulate abroad require the ORIGINAL I-94 card ?
You'll have to surrender the original I-94 when you depart the US.

I suspect that you are talking about the original H1B APPROVAL notice and not the I-94 card (though a new I-94 comes attached at the bottom - which you are supposed to remove and attach to the original(white) I-94)
 
here's whats going on now...

- I left the country without surrender the I94 card since I didn't have the original copy and I didn't know we were suppose to do that. The airline didn't mention anything when I check in...

- I couldn't get visa stamp from US embassy now cuz they said they need the card on the bottom of the Original aproval of H1B ( is that I94 card they're talking about?). They said they need it to staple that to the passport or something.

- I am trying to get the Original aproval from my company now.

What are the steps I need to do to get back to US?

Thanks
 
h1bi94 said:
here's whats going on now...


- I couldn't get visa stamp from US embassy now cuz they said they need the card on the bottom of the Original aproval of H1B ( is that I94 card they're talking about?). They said they need it to staple that to the passport or something.

Yes

- I am trying to get the Original aproval from my company now.

U want 797 approval from them and not the I-94 as that is with you. All they want is the 797 approval with I-94 card (which you already have ) and an employment letter and a couple of pay stubs .

---What are the steps I need to do to get back to US?

Try to talk to your company to send you the 797

Thanks
Click to expand...
 
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