h1b transfer approved , i797b . processign period not included

USA H1B Visa
1

Hello,
I have received H1b transfer approval but processing period is not mention inside the notice and also its i797B which means they are denied extension of stay.

I am much worried of Missing approval period as i filled my h1 transfer application last year and got approval notice this year starting from 19th oct 2015 to 19 oct 2016. but entire whole year of processing is missing from notice.

Can u tell me the meaning of it ?

Jordan

2

You mean to say your petition was filed sometime in 2014 and it approved recently with a start date of Oct 19, 2015. That is ok as they wouldn’t backdate the approval notice.

Are you working for the old employer or the new one?

3

Hi Saurabh ,
I am working with new employer. the mistake we made was i left employer on 8th nov and got receipt notice on 24th nov 2014.

and also you understand correct petition was filled in nov,2014 and approved from oct 2015.

I am thinking to get the pay stub from previous employer as he is ready to help me which can help me in appeal. Let me know what you think.

4

Hi Saurabh ,
Can you think what might be wrong ? do they include processing time in approval ?
how tuff is the stmaping with 12 day gap which happen because of incomplete application. i have proof application was incomplete and sent to uscis…
Jordan

5

You got the receipt notice on Nov 24, but do you know when did USCIS receive the notice? You can start working for new employer as soon as the package is received by USCIS.

If your H-1 visa stamp is still valid, then the easiest (but may be costlier) solution is to travel outside US and return using the visa stamp and new petition. They will issue you a new I-94 and you can then work for the new employer.

Did you talk to your attorney about this?

6

For new employer. Leaving country in sometime for restamping. What are my chqnces of getting stamping done

7

Difficult to guess the chances. Just carry all the documentation related to when petition was filed, received by USCIS etc.

8

Hi jordan,
I have same situation, could you please post updates? Thank you very much!