) Can I stay in USA while my H1B COS visa transfer in progress even though I resigned with the employer "A" with L1B ?

Asked almost 3 years ago - Santa Clara, CA

1)I came here to work in L1B Visa on June 22, 2011 from a Employer "A", my I-94 is valid from June 22,2011 to June 23, 2014.

2) Also I have H1B visa with same Employer"A" which I used only 18 months from Feb 2008 to Sep 2009.

3) I got a new job with Employer "B" who told me that they can transfer my H1B Visa without going for new H1B Visa, so they filed my H1B visa transfer on Dec 6th,2011.

4) I received a RFE on December 23, Query was , USCIS record shows that I have left US on Aug 23rd,2011 and asked me to submit the probe for the same.

But I did not go outside USA and remain in US, so My attorney responded to the RFE on Jan 9th, 2012.

5) As my assignment was over with employer "A", I suppose go back to India or resign here, Since I can't go outside US while H1B Visa

Additional information

5) As my assignment was over with employer "A", I suppose go back to India or resign here, Since I can't go outside US while H1B Visa transfer in progress, I opted to resign with employer "A" and my last working day was January 13th.

6) Unfortunately I again received the same type of RFE saying that USCIS record shows like I left the USA on DEC 9, 2011 and asked me to provide my legitimate copy of all pages of my passport on January 20th.

7) I wonder, how USCIS records shows the wrong information even though I did not left the US but both dates are matching to my tentative return ticket booked date.

Attorney answers (1)

  1. Kyndra L. Mulder

    Pro

    Contributor Level 20

    Answered . When you build a complicated track record such as yours it makes since to find and schedule a consultation with an experienced immigration attorney as only a minor violation of the terms of your visa can destroy any immigration hopes you may have.

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