Premium Processing without I-94? HELP!

485eb3

Registered Users (C)
Hi
My company has sponsored me for premium processing and received the approval on July 5th. Here is my chronology of events, need advise for my question.

1. Entered the country with F1 visa
2. Got the job after graduation and received a new H1B from Company A. Visa stamp from Company A is valid till mid 2003. My I-94 is valid till Mid 2003.
3. Got laid off from the job last year(From company A)
4. Applied for new F1, received RFE and have not responsded.
5. Before I received RFE for F1, got another job offer (From company B).
6. Made the company B aware of above details.
7. Company B filed for premium processing and got my H1B approved. It came without I-94.
The attorney for the company B tells me, that INS issued as a brand new H1B visa which is an error on INS part. Company B decided to appeal to INS for correction.

My dilemma is the whole process of LCA, and premium processing took 8 weeks from Nebraska. My employer (hiring manager) is willing to wait only for max of 2 more weeks because of internal pressure. As I do not want to lose my job and asking for your advise or experiences in this matter. My questions to you all:

1. Has anyone experienced this before of appeal process
2. Do I need to travel to India for Visa Stamping and get a new I94. What is the process and time it takes to go through the process in light of the recent events.
3. Is there any other way like visiting to Canada or Mexico or crossing the border at Niagara Falls, NY would help in obtaining the new I-94 which is needed to start work at company B.
 
mistake...

Was the new H1 a h1 transfer or F1 to H1? However possible answers are

2. In India it will take about 2 weeks for them to give you a decision and most of the time unless there are some out of status issues, stamping rejection might not happen. But your vacillation to F1 and back might be seen as suscipicious.
3. All you need is a new I94. However INS did not give you I94 because it wanted you to get a new stamp to clear your immigrant and non immigrant wavering.
 
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