H1B visa - change of employer questions if fired

[pgarora]

I got my H1B petiton approved till Sep 2009 and my H1B visa stamped for three years. Now I have a basic question:

1. If at the port of entry my I 94 gets stamped for 3 yrs (i.e till the end date of my petition which is 30 Sep 2009 in my case) would my stay be considered legal if I switch employers and I am out of job in the interim period......eg if I leave company A in July 2007 and my start date for job in Company B is OCT2007 do I have to leave the country?

2. Since my current H1B petition & visa stamp is valid for 3 yrs, can I travel outside US and come back on the same visa during the period Company B files for my H1B petition ie say in April 2007 when the quota opens.....

Any adivce would be greatly appreciated!

[Subramanya]

Visa Queries

I got my H1B petiton approved till Sep 2009 and my H1B visa stamped for three years. Now I have a basic question:

1. If at the port of entry my I 94 gets stamped for 3 yrs (i.e till the end date of my petition which is 30 Sep 2009 in my case) would my stay be considered legal if I switch employers and I am out of job in the interim period......eg if I leave company A in July 2007 and my start date for job in Company B is OCT2007 do I have to leave the country?

---- Yes, you can join your next employer as soon as you file for H1 transfer and get a receipt number. However, if you want to join at a later date that will be an agreement between you and the employer B

2. Since my current H1B petition & visa stamp is valid for 3 yrs, can I travel outside US and come back on the same visa during the period Company B files for my H1B petition ie say in April 2007 when the quota opens.....

---- You can travel before you apply for a transfer. However, once you apply for a transfer you are expected to stay within the country to answer any queries raised by USCIS. If they come to know that you have gone out of the country (as evidenced by I-94 cards presented at the Port of Departure) then they may not issue you a I-94 and then you may have to go out of the country once again to get your I-94. This may not happen in all cases, but you never know nor is there a mechanism to know it

Hope this helps, else visit the forum

Subramanya