Aprroved I797 With No I94

[merla15]

Hi Mr. Ajay Singh,

I am a legal non-immigrant worker on H1-B visa here in the US. I am a software engineer by profession. My and my wife’s current I-94 is expiring on 07/14/2012 and so about 3 months back my employer filed a petition(I-129) for extension of my stay with all required documents with USCIS at Vermont Service Center. On 05/01/2012, we received a notification from USCIS stating my petition has been approved and the approval notice has been sent. On receiving the approval notice on 05/07/2012, it got to my attention that my 1-797 doesn’t include an I-94(I have been issued a I-797B), however my wife’s I-797(H4 visa) has a valid I-94. The fact that my wife(dependent) got a valid I-94 made us believe that it might be just a USCIS printing error. Hence my employer spoke to USCIS customer service representative to register a case requesting for the issue of corrected I-797. During the call, the customer service representative confirmed that my petition was approved(with no RFE\Denials) and an I-94 should have been issued. We soon got an automated email response stating it might take at least 2 months for USCIS to address this case. Given the fact that there is no defined timeline for resolution of such cases and no way to expedite the same and less than 6 weeks remaining on my current I-94, I seek help and guidance on this regard.

Can I stay in the US beyond 07/14/2012 as an appeal has been filed or I will go out of status beyond that? Can I approach the local USCIS Application center in this regard? Can I approach the CBP to issue me a new I-94? Or is going out of the country and getting my visa stamped and re-enter the country the only option I have? Can my spouse who has a valid I-94 stay in the US at that time?

[Maelisa]

Dear Kuhu:

To my understanding, and I-797B is issued when the applicant/beneficiary is either outside the US or has to travel to home country/country of residence to get a stamp.  It could be for many reasons - the best could be explained to oyu by your attorney who filed the H1B renewal.  If, however, it is because of mistake on your part you may have to get it rectified by filing an amended I-129 and/or requesting a duplicate copy with correction, but if it is because of mistake on the part of USCIS you may request [with evidence and proof] for rectification of the mistake. Regarding whether you may continue to work beyond current I-94 expiration date is a gray area; if you are eligible to get H1B extension within the US you may continue working and apply for rectification. However, I would suggest you get a proper consutation from an Immigration Attorney in your area.  

You may also consult us via email or telephone at 845-784-1500 or [email protected]  

Best wishes, Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas(H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.