That's exactly what I experienced several years ago.
I did not leave US to apply a Visa in BJ.
文字I did receive a question when transferring H1 later, and was granted new H1 with another employer without having to leave US.
Letter from INS:
"Second, it appears the beneficiary was previously granted H1B status, but it is unclear whether the beneficiary was ever admitted in such status to the United States. According to Service records, the beneficiary was granted such a status on May 9, 2000 and a copy of the approved petition was sent the United States Consulate at Beijing. It does not appear, however, that an H1B visa was issued to the beneficiary by the United States Department of State, in fact it does not appear that the beneficiary left the United States since his initial arrival on December 7, 1996. Thus, it does not seem that beneficiary was authorized to perform work for the previous petitioner because the beneficiary failed to complete consular processing of his petition and H1B visa."
Response:
"When the beneficiary was granted H1B on 5/9/00, INS assumed the beneficiary was outside of the United States and issued an I-797B instead of I-797A. In fact, the petitioner checked "b change the person(s) status and extended their stay since they are all now in the US in another status." of item 4 "Requested Action" in Part 2 of I-129. Please refer to the I-129 filed to your office on 2/8/00. Also for this issue, both the petitioner and the beneficiary had contacted the INS in May and June, 2000, however the correction was not made in Mr. X's case file."
I don't suggest anything but for your reference.
I did not leave US to apply a Visa in BJ.
文字I did receive a question when transferring H1 later, and was granted new H1 with another employer without having to leave US.
Letter from INS:
"Second, it appears the beneficiary was previously granted H1B status, but it is unclear whether the beneficiary was ever admitted in such status to the United States. According to Service records, the beneficiary was granted such a status on May 9, 2000 and a copy of the approved petition was sent the United States Consulate at Beijing. It does not appear, however, that an H1B visa was issued to the beneficiary by the United States Department of State, in fact it does not appear that the beneficiary left the United States since his initial arrival on December 7, 1996. Thus, it does not seem that beneficiary was authorized to perform work for the previous petitioner because the beneficiary failed to complete consular processing of his petition and H1B visa."
Response:
"When the beneficiary was granted H1B on 5/9/00, INS assumed the beneficiary was outside of the United States and issued an I-797B instead of I-797A. In fact, the petitioner checked "b change the person(s) status and extended their stay since they are all now in the US in another status." of item 4 "Requested Action" in Part 2 of I-129. Please refer to the I-129 filed to your office on 2/8/00. Also for this issue, both the petitioner and the beneficiary had contacted the INS in May and June, 2000, however the correction was not made in Mr. X's case file."
I don't suggest anything but for your reference.
