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H-1B transfer with consular processing

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  • H-1B transfer with consular processing

    I would like to understand what are the follow up steps after a H-1B holder already residing in the USA gets an I-797 without I-94 attached.

    I've a H-1B from Company A that is valid until 2017 and a recent I-94 that is also valid until 2017. Company A unexpectedly shutdown and I got an offer from Company B. There were no paystubs for a duration of 6 weeks due to a gap in employment. Company B filed for transfer of H-1B with consular processing. I've received an I-797 approval of notice without I-94 attached. What are the follow up steps?

    Specifically:
    1. Is it mandatory to go to a consulate and get a new H-1B stamp or does it suffice to fly out of USA and re-enter? If latter suffices, how long should the visit outside of USA be? Would really appreciate people who have done this previously sharing their experiences.
    2. Is there anything to be done prior to departure, at the Port of Exit, or with the USCIS website? For example, "surrender" old, but still valid, I-94? How does one do that?
    3. Should the spouse with a co-petition for H-4 also accompany?
    4. Should one explicitly request the CBP officer at the border to issue a new I-94? Is bringing up a conversation on the new I-797 with the CBP officer advisable?
    5. Which documents are required on person to face any verification?
    6. What does departure and re-entering achieve anyway? Yes, one gets a new I-94, but why would joining a new employer necessitate it (given that I-94 contains neither the EAC number nor the employer's name)? Why doesn't the old, but still valid, I-94 suffice, just like the H-1B stamp with old employer's name suffices?

    Related thread:
    http://www.immihelp.com/forum/archiv.../t-185292.html
    Last edited by chintankumar; 10-01-2015, 07:58 PM.
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