H1B WITHOUT I- 94

Asked over 1 year ago - New York, NY

Hi,
I was on h1b visa and my last day of employment was 7th jan 2013. Today till 24th, i have got two job offers. one from consultant and one full time from direct employer. Today both of them applied for LCA (on 24th jan) and tends to apply H1 transfer (and h4 ext) in next week after LCA approval.
my questions:

1. what will be preferable? whether to apply h1 transfer normal or with premium?

**2. I heard from the company HR that if h1b is applied AFTER 10 days BUT WITHIN 30 days of unemployment, then basically even after successful h1 transfer, I might NOT get I94 which is attached below I 797. Is this true and does it happens every time? When sum1 doesnt get I94?

3. If I dont get I94, then wats d procedure? And how soon I need to leave country and come back with valid I94?
Swam

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . 1. Either way, the gap will be an issue.
    2. Any time you cannot prove continuous employment, the extension of stay (I-94) can be denied.
    3. You leave the US, obtain an H-1B visa stamp, and reenter with that stamp.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with Mr. Ferrari ... you have a 'gap' that can only be 'fixed' by leaving the US.

    Do not talk to company HR people ... talk directly to the immigration lawyer that works with the company.

    Again, do not talk to HR people .... unless they have a US law degree, they should not be giving out legal advice.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Jose Antonio Moreno

    Contributor Level 15

    2

    Lawyers agree

    Answered . I agree with my colleagues.

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