I-797B consular approval, but have a valid I-94. Is consulate visit (stamping) needed immediately?

USA H1B Visa
1

Hi,

10 days after I came to US, I switched to a different employer (B), B filed for my H1B.

Received H1B approval, I-797B, it states:

The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons…

Since the worker(s) has (have) been found ineligible for an extension of stay, we have sent notification to the consulate shown above…

If a visa is issued, upon admission in this classification the worker will be authorized to be employed by petitioner for the authorized period.

Stamping through which I entered US is valid till Dec-2016, so is my I-94.

(i) Am I required to immediately go to a consulate (or consulate referred in 797B) and get the stamping or can say till I-94 is valid?

(ii) USCIS officer apparently saw my initial 10 days as out of status. Is it advisable to appeal that I wasn’t out of status for the 10 days?

Thanks.

2

  1. If you want work for the new employer, then you have to leave US and return using new petition to get new I-94, and then work for that employer. Stamping is not required if visa stamp through old employer is still valid.

  2. You can appeal, but it may be easy to just leave and return to get the new I-94. Who are you currently working for? You cannot work for B as their 797 was issued w/o I-94.

3

Hi Saurabh,
Thank you for your help.
I-797B states “If any of the named worker will apply for a visa at a consulate other than the one listed above, the petitioner should file form I-824, to request us to notify the new consulate.”.

Is it a must to file I-824 if I would like to go to a different consulate (say in Mexico). Appointments in Chennai are usually months away.

4

Since they started PIMS, every consulate has access to the petition. So you can appear in MX without any further action on your part. You can confirm w/ your attorney as well.

5

Hi,

Im in the exact same situation , were you able to re- enter US without any issue ? . Please mail me at hcharsha52@gmail.com .