Left US without transferred I797 approval - Please....need helo

[meetmeatohio]

All,

I left US without getting my new I797 approval. I changed employers in January. INS issued a query on my application and my employer has to send some documents to get the approval.

I have a valid visa till the dec of '09. i have the following questions.

1) Can I enter USA again with my previous employers I 797?

2) If i wait till my new I 797 is approved, will i be allowed back in the country?

Please let me know.

Thanks

[knowledgeable]

1. No. 2. Yes if you have the original document with you ...

...

[DMX17]

Since your case has an RFE on it, I think option 2 is safe. Wait till you get the new I-797 and enter using a valid visa and offer letter (to be safe).

Option 1 only works if you want to work for employer A and their H1 is still valid.

http://www.immihelp.com/forum/showthread.php?t=40801

Read it carefully.

[txh1b]

1. Yes, if you want to work for employer 1 if their petition is still valid and they have not revoked it.
2. Yes. Read the thread DMX pointed to.

[meetmeatohio]

Thanks

Folks,

Thanks for your replies.

My I 94 from employer 1 says that it is valid till 12/17/09. Do you think that this would be enough? What is the risk involved?

Praveen

[txh1b]

Folks,

Thanks for your replies.

My I 94 from employer 1 says that it is valid till 12/17/09. Do you think that this would be enough? What is the risk involved?

Praveen

It is the I797 date that matters not the I-94 date. Also ensure you have the new offer letter from employer 1 if you are planning on joining them upon returning.

[meetmeatohio]

another question please

It is the I797 date that matters not the I-94 date. Also ensure you have the new offer letter from employer 1 if you are planning on joining them upon returning.

Could you tell me as to where I can find the date on I 797?

[txh1b]

Could you tell me as to where I can find the date on I 797?

There is a Valid from XYZ to ABC on it
Notice Type: Approval
Class H1B
Followed by Validity is what I see on mine.

[meetmeatohio]

entered without approved I797

Folks,

Thank you very much for your help and replies. I was able to enter the country with an I797 C document that says I have applied for an approval. Here is what happened.

Counter 1:

Officer: Which employer are you with now.
Me: Company A.
Officer: but your Visa says employer B
Me: The Visa is still valid and I am waiting for my new I797 to be approved. It has an RFE on it.
Officer: Ok. Please go to the secondary inspection room.

This officer gave me my passport back and a folder to put all my supporting documents in it. I put the I797 C and my company B I797

Counter 2:
Officer: Tell me your story.
Me: blah blah blah

This officer went to another one and asked him something and that man said "It is Fine".
Me: Whewwwwwwwwwwww

Officer: Ok, let me put in all the information in to our records and you can leave.
Me: Sure, Thank you.

And Off I go.

So if someone is as reckless as me then I got 2 advices.

1) Please don't be reckless. Even though I entered back in USA, I learnt my lesson.
2) If you can't help it then have a I 797 C from your current employer and your previous employers approved I797.

Thanks

[txh1b]

Can you provide some more details. When was the I-94 issued until in your case? The DOE of the previous employer I797 or your visa expiry date? May be the dates are the same for you for both the visa and I797.

[meetmeatohio]

H1

The dates are same for my H1 visa and my I 797. The visa expiry date is 12/2009.

[orion]

Nm.

[chenman]

same case

Folks,

Thank you very much for your help and replies. I was able to enter the country with an I797 C document that says I have applied for an approval. Here is what happened.

Counter 1:

Officer: Which employer are you with now.
Me: Company A.
Officer: but your Visa says employer B
Me: The Visa is still valid and I am waiting for my new I797 to be approved. It has an RFE on it.
Officer: Ok. Please go to the secondary inspection room.

This officer gave me my passport back and a folder to put all my supporting documents in it. I put the I797 C and my company B I797

Counter 2:
Officer: Tell me your story.
Me: blah blah blah

This officer went to another one and asked him something and that man said "It is Fine".
Me: Whewwwwwwwwwwww

Officer: Ok, let me put in all the information in to our records and you can leave.
Me: Sure, Thank you.

And Off I go.

So if someone is as reckless as me then I got 2 advices.

1) Please don't be reckless. Even though I entered back in USA, I learnt my lesson.
2) If you can't help it then have a I 797 C from your current employer and your previous employers approved I797.

Thanks

Meetmeatohio,

Even I entered POE after travel during H-1B Transfer without new employer approval and only I797C and old employer I797 approval.

Which employer was written on your I-94 backside? new current employer (approval pending) or old employer.

Thanks in advance.

[meetmeatohio]

Old employer

My visa was also isued on my previous employers I797. I 94 shows my old employer's details.

[chenman]

record of changes

My visa was also isued on my previous employers I797. I 94 shows my old employer's details.

thanks meetmeatohio,
Even mine dates are correct and of old employer I797 and Visa.

But I am asking about the "Record of Changes Field" in the back side of I-94 card. In my case its the old employer's name and I have learnt that it should be the new/current employer.

What employer is wrtten in your I-94 back side at POE you mentioned?

I am waiting for approval and new I-94 and would go to CBP and get this field rectified.
Response appreciated