Labor Filing - Urgent

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SFOLCVictim

Registered Users (C)
Gurus!!!!

Can any one give some solution for this:

I am likely to apply Labor thru my company but my previous cokmpany visa was expired three months ago and but i got my new VISA (I-797 approval notice ) thu new company ( who'd be filing labor) till May 2004 (not stamped). I even travelled on my old visa though I am working for NEW employer.

My question is Do I need PRESENT employer stamping and new I-94? Is it necessary to file LABOR? If that is the case I got to get my VISA stamping and then travell to get new I-94. Does it make any sense?????

My i-797 got I-94 # info ? Wouldnt it be fine for filing LABOR? My company HR are tellling that I am out of status since my visa expired though I have Valid H1..according them i got to get new stamping at home country and new I-94.

Please let me know your views? Thanks
 
YOU DO NOT NEED VISA STAMP OR EVEN H1B VISA to file the labor so do not worry.

YOU ARE NOT OUT OF STATUS SINCE YOU HAVE THE H1B APPROVAL. YOU SHOULD HAVE RECEIVED I-94 with H1 Approval (Lower portion of I-797).. You are IN H1 Status till date mentioned in that I-94.

You can get your H1 stamped next time you go back to your home country, no need to hurry or anything.

So just relax you are NOT OUT OF STATUS TILL YOU HAVE YOUR VALID H1B APPROVAL (Passport stamp only needed for travelling !)
 
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