H1b Visa Revoke and duration!!!!!

[snelluri4]

xxx

[Ron Gotcher]

You can move on, but your continuity of status is dependent on entirely on the current petition being approved. If you wish, you can have the new employer file on your behalf while you resign, return home to wait for the approval, then return after it is approved.

[Ron Gotcher]

It could happen they day the CIS receives it or it could happen weeks later. The point is that if the company withdraws their petition before it is approved, your "bridge" petition becomes invalid for continuity of status.

[Ron Gotcher]

I can't get into specific cases as I don't know all of the unique facts and circumstances. Generally speaking, when someone has an I-94 that has expired or is about to expire and their employer files an extension petition for them (or a new employer files a petition on their behalf), their continuity of status is entirely dependent upon the successful completion of that petition. If another employer files a superseding petition, after the beneficiary's I-94 has expired, then unless the first petition is approved, the second cannot confer continuity of status. The CIS can approve it, but they can't grant continued status or an extension of status. The remedy in this case is to leave the US, go abroad and get a new visa, then return using the new petition approval.

[rkarthy]

Hi Ron,

I transfered my H1B from company A to company B last Feb 2009. Once I got the EAC number from company B, I resigned the job from Company A and they revoked my Visa. Last 2 days back I got the H1B approval without I-94 (I797B). But my wife got the H4 extension with I-94.

My Questions are,
1. I have a I-94 upto Sep, 30 , 2009 (which i got by using the previous company's visa)
2. Am i legal to stay upto this time period?
3. Is immigration people made the mistake to offer only I-94 for my wife not me?

Appreciate your favour in this.

Thanks,
Karthik

[Ron Gotcher]

I'd have to examine all of your documents in order to advise you. Generally, if the CIS doesn't send a new I-94 it means that you either didn't request continuity of status, or else you did, but they didn't grant it.