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I-797B Consular processing - new I-94

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  • I-797B Consular processing - new I-94

    Through my current employer(Company-A), I have H-1B visa until 01/20/2016(with visa stamping in passport and I-94 expires same date). Now planning to transfer H-1B to Company-B.

    USCIS temporarily suspended premium processing for H1B. Alternatively, Company-B filed H1B transfer through Consular notify petition and get it approved(I-797B, no I-94) for next three years. Company-B lawyer says that I need to travel outside US and reenter to activate new I-94 only then I can work for them.

    Question:

    Since my current passport carries visa stamping(through Company-A) until 01/20/2016, so can I travel(by car/walk) to nearby Mexico/Canada cross-border and re enter US showing my new I797-B and get new I-94? Do you see any problem here?

  • #2
    Possible. However, if your trip to Canada / Mexico is less than 30 days, then in most cases they will ask you to use the same current I-94 (If you cross the border by ground transport). They might not issue you a new I-94 which will make your whole trip worthless. You need to make sure that you get a new I-94 associated with Company B's petition to start working for that employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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