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H1 status and I94 extension confusion

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  • H1 status and I94 extension confusion

    Hi,

    I need some help on the following questions as i am a little confused.

    Here is the series of events in order and questions at the end.
    1. I got an offer and H1 petition was filed by company A which was approved and I joined company A.
    2. Travelled to US with my Family (H4) after stamping.
    3. Went to India on vacation and came back alone. Family stayed back in India.
    4. After some time, i got offer from Company B and H1 was filed and approved till Jan 2018.
    5. Due to some reasons, i was unable to join Company B.
    6. I went on vacation to India while on payroll of company B.
    7. Came to US with Family. I-94 is valid till Oct 2016.
    8. After a year of Approval of H1 Petition from company B, I again got offer from Company B.
    9. I want to Join Company B now.

    Questions:
    1. Can I join company B on the petition that they filed a year ago (it was not cancelled)?
    2. Will i have to apply for I-94 extension/renewal or does the Oct 2016 still holds good?
    3. Since only H1 was transferred to Company B, will my family be allowed to stay in US? do i need to initiate H4 transfer?

    Thanks
    Sunny

  • #2
    Originally posted by _sunny View Post
    Hi,

    I need some help on the following questions as i am a little confused.

    Here is the series of events in order and questions at the end.
    1. I got an offer and H1 petition was filed by company A which was approved and I joined company A.
    2. Travelled to US with my Family (H4) after stamping.
    3. Went to India on vacation and came back alone. Family stayed back in India.
    4. After some time, i got offer from Company B and H1 was filed and approved till Jan 2018.
    5. Due to some reasons, i was unable to join Company B.
    6. I went on vacation to India while on payroll of company B.
    7. Came to US with Family. I-94 is valid till Oct 2016.
    8. After a year of Approval of H1 Petition from company B, I again got offer from Company B.
    9. I want to Join Company B now.

    Questions:
    1. Can I join company B on the petition that they filed a year ago (it was not cancelled)?
    2. Will i have to apply for I-94 extension/renewal or does the Oct 2016 still holds good?
    3. Since only H1 was transferred to Company B, will my family be allowed to stay in US? do i need to initiate H4 transfer?

    Thanks
    Sunny
    Point 5 and 6 contradict each other.

    Comment


    • #3
      Originally posted by _sunny View Post
      .
      5. Due to some reasons, i was unable to join Company B.
      6. I went on vacation to India while on payroll of company B.
      Umm.. how could you be on the payroll of a company you were unable to join in the first place?

      Comment


      • #4
        Ahhh!! my bad .. point 6 should have said company A where i am currently employed.
        "6. I went on vacation to India while on payroll of company A. "

        Comment


        • #5
          Originally posted by _sunny View Post
          Hi,

          I need some help on the following questions as i am a little confused.

          Here is the series of events in order and questions at the end.
          1. I got an offer and H1 petition was filed by company A which was approved and I joined company A.
          2. Travelled to US with my Family (H4) after stamping.
          3. Went to India on vacation and came back alone. Family stayed back in India.
          4. After some time, i got offer from Company B and H1 was filed and approved till Jan 2018.
          5. Due to some reasons, i was unable to join Company B.
          6. I went on vacation to India while on payroll of company B.
          7. Came to US with Family. I-94 is valid till Oct 2016.
          8. After a year of Approval of H1 Petition from company B, I again got offer from Company B.
          9. I want to Join Company B now.

          Questions:
          1. Can I join company B on the petition that they filed a year ago (it was not cancelled)?
          2. Will i have to apply for I-94 extension/renewal or does the Oct 2016 still holds good?
          3. Since only H1 was transferred to Company B, will my family be allowed to stay in US? do i need to initiate H4 transfer?

          Thanks
          Sunny
          1. B needs to refile the H1 petition.
          2. The refiling, if approved, will come with a new I-94.
          3. There is no such concept as "H4 transfer". But you may have to apply their I-94 extension using form I539 based on your H1 petition.

          This is my opinion not legal advice.

          Comment


          • #6
            Thanks raghvi for the response. I have a follow up question. If Company B files new petition, it will take sometime to file and get approved. My employment with Company A will end within a week, will I have to go out of US in case receipt number is not generated within this week and come back when new petition is approved or can i stay in US until new petition is filled and approved.

            Comment

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