Legal Question in Immigration Law in Virginia

is this possible wtih h1b transfer

hi

need attorny for the below case

i am with company A and recently applied for a h1b transter to company B..even though i had all the required documents and pay slips, my h1b transfer got approved without i94....

am not in a position to leave the country at this time and at the same time,i dont want to leave the offer with company B..

please suggest,is there any way i can reapply and get i94 with company B without leaving the country..

please suggest


Asked on 1/07/09, 9:08 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: is this possible wtih h1b transfer

Simply send a letter to the USCIS district office

which approved your H1B transfer explaining the situation with a request that you be reissued an I-94 card.(Attach a copy of the transfer approval.)

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Answered on 1/08/09, 11:30 am
Anthony Siliato Meyner and Landis LLP

Re: is this possible wtih h1b transfer

If the Service Center did not approve the extension, there may have been a determination that you were not in status at the time of filing of the transfer petition. If you believe the Service erred in its decision, you would have to file a motion to reopen or reconsider. Unfortunately, such motions are not adjudicated on a timely basis. The path of least resistance may be to go abroad (not necessarily to your home country) and apply for a new H-1B visa. You would be able to go to a US Consulate in Canada (unless you are unlawfully present in the U.S.).

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone consultation.

Anthony F. Siliato

MEYNER AND LANDIS LLP

[email protected]

www.meyner.com

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Answered on 1/08/09, 11:45 am


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