Transfer H4 VISA

[Sandy]

I came to US almost a year back with my wife and kid. We all came with proper VISA and I94. I have been working for same company (A) from day first, getting paid properly, literally no issue. After around 8 months I applied for my VISA transfer with another company (B).

I got my VISA transfer approved with company (B) however for my wife and kid we got letters which denied transferring their H4 VISA.

Here are the details of that letter which we have received from USCIS:

Extension of status to the dependents has been denied for the following reason:
As a dependent, the applicant’s classification is subject to the principle alien’s status. The nonimmigrant visa petition filed in the behalf of the principle alien, seeking a concurrent extension of stay as specialty occupation worker classification under section 101(a) (15)(H)(i)(b) of the Act, has been processed as a consulate notification because the principle alien was not maintaining his/her nonimmigrant status at the time of filing the petition.

Since the principle will not be classified as a temporary nonimmigrant worker until s/he obtains the H1B visa abroad as United States Embassy or Consulate, and has been lawfully admitted into the United States in that nonimmigrant status, the applicant does not qualify for the requested extension of status.

This decision leaves the applicants without lawful immigration status and they are therefore present in the United States in violation of the law. The applicant is required to depart the United State.
I’m still working for my previous employer without any issue or concern, getting regularly paid also. We have all proper VISA stamped and I 94 for all of US.
Could you please suggest if I can work for new company (B) and is there any cause of concern I should be worried about?

Thanks!!

[charlesd]

On your new approval notice did you get an I-94? If so then this was a USCIS error that needed to be corrected/amended and you may be able to do that Nunc pro tunc...

Look at the bottom of your approval notice....if the I-94 is there...the it's USCIS mistake...which they do ALOT!

If it's not there, and it's cons. processing then you may have an issue. I would recommend contacting counsel as they may be able to file for correction nunc pro tunc....which means then for now...

[Jenaveve Jolie]

I thought that my boyfriend was swell,