Received i-797b when changing employer

[bingo87]

Hello all, I recently accepted offer from a new company and when they filed H1 for me, I received I-797B. I'm confused about what my current status is.. let me explain in detail.

I came to US in 2012 on F1 visa. After graduation, I got job as in mid size company and joined there on OPT (not a Desi consultancy.. proper product based company). They applied for H1 visa, it was picked up in the lottery and it was approved. I got the 3 year term - it was supposed to expire in September 2018. I went to India last year and had my visa stamping done. When I came back to US, I got I-94 until the visa expiry date 09/2018. This year, I got an offer from another company in a different city, back in May. They applied for H1 visa (transfer), and once the attorney received the receipt, I gave notice at my previous company and joined new one. The H1B was approved last week (about 3 months after I joined the new company).. unfortunately I got the I-797B instead of I-797A. I'm wondering what my current status is - am I currently in US legally because my I-94 doesn't expire until 09/2018 or is it invalid since I changed employer and have to go out of the country and get visa stamping again?

[raghvi]

Hello all, I recently accepted offer from a new company and when they filed H1 for me, I received I-797B. I'm confused about what my current status is.. let me explain in detail.

I came to US in 2012 on F1 visa. After graduation, I got job as in mid size company and joined there on OPT (not a Desi consultancy.. proper product based company). They applied for H1 visa, it was picked up in the lottery and it was approved. I got the 3 year term - it was supposed to expire in September 2018. I went to India last year and had my visa stamping done. When I came back to US, I got I-94 until the visa expiry date 09/2018. This year, I got an offer from another company in a different city, back in May. They applied for H1 visa (transfer), and once the attorney received the receipt, I gave notice at my previous company and joined new one. The H1B was approved last week (about 3 months after I joined the new company).. unfortunately I got the I-797B instead of I-797A. I'm wondering what my current status is - am I currently in US legally because my I-94 doesn't expire until 09/2018 or is it invalid since I changed employer and have to go out of the country and get visa stamping again?

You are currently out of status and should leave US and re enter on a valid visa. Contrary to popular notion, merely having a valid I-94 does not mean one has valid status. Your I-94 is associated with your previous employer, as you no longer work for them the I-94 does not hold much significance. One needs valid I-94, valid I797 and valid pay stubs all associated with the same employer.

This is my opinion not legal advice.