h1b - new employer!

[anoopnayyar22]

Hi,

I have applied for my h1b transfer thru my new employer , i go the approval and , earlier h1 was untill 2009, this one i got is untill 2011 , a quick thing this new approval notice has a new i94 number and the extension date on it is untill 2011, i hope we get a new i94 number and it not be the same number as the one i have on my passport ??

thanks
AN

[txh1b]

Your question is not properly phrased.

It is NOT right to get a new I-94 number with an extension. You need to bring it to the attention of your attorney and get it corrected immediately. USCIS will issue a new I797 with the I-94 number matching the white I-94 from the airport.

It is a MUST. I had gone through this once and the attorney got a new petition issued in 3-4 weeks.

[enigmatic10me]

Hi txh1b. I have received new I-94 along with the new I-797 when I changed my employer ( I-94 has the same number as my previous one) but have new exp. date on it. My old one had 2010 validity (till the old petition) and new I-94 has validity until exp of new petition. I am assuming that you are trying to say that we shouldn't receive new # on new I-94 but can have new exp date. Please correct me if I have missundestood you? Thanks

[txh1b]

The new I-94 expiration date can be different. It is based on how long the new employer petitioned to hire and employ you. You can only work for the new employer till the date of validity of their I797/I-94.

[anoopnayyar22]

reply

I told my attorney, he says its fine that should not be a problem as any how u will give the i94 back when you move out of US and get a new one on return ??

[anoopnayyar22]

reply

I told my attorney, he says its fine that should not be a problem as any how u will give the i94 back when you move out of US and get a new one on return ??

Your question is not properly phrased.

It is NOT right to get a new I-94 number with an extension. You need to bring it to the attention of your attorney and get it corrected immediately. USCIS will issue a new I797 with the I-94 number matching the white I-94 from the airport.

It is a MUST. I had gone through this once and the attorney got a new petition issued in 3-4 weeks.

[txh1b]

It is fine, but the petition has to be valid as well. Say your petition expires 7/10/08 and you have a new I-94 till 8/30/08, the extension for the petition has to be filed.

Usually, POE will give I-94 till DOE of petition.

[anoopnayyar22]

Thanks for the relply,

My i797A reads

my new petion is from 02/29/2008 - 02/11/2011
i94 ( new number - valid untill 02/11/2011)


Pls advise ...in this case is it fine ?

Thanks
Anoop

It is fine, but the petition has to be valid as well. Say your petition expires 7/10/08 and you have a new I-94 till 8/30/08, the extension for the petition has to be filed.

Usually, POE will give I-94 till DOE of petition.

[txh1b]

You are confusing me. Your I-94 number remains the same and should. Just use new-194 and previous employer I-94 to make it easy to understand what you are referring to.

It is fine as long as the I-94 # matches your white I-94 number and you are allowed to work for the new employer until the DOE of that I-94.

[anoopnayyar22]

Ok, i am sorry if i confused you

My previous i94# ex -(123) valid -until 2009
did my h1 transfer

petion - feb08- feb 2011
approval came with a i94 number ( i94 number is not same as in passport ie(123) its a new number with validity - feb 08-feb 2011

my new i94 number not matching with my i94 in the passport , but the new i94 number has a validity untill feb 2011.

is this fine or is that an error ? , i spoke to my attorney he said its ok if its not matching as you will get a new one anyhow when ever u re enter US.

wanted your advise on this. thanks and srry for confusing you

You are confusing me. Your I-94 number remains the same and should. Just use new-194 and previous employer I-94 to make it easy to understand what you are referring to.

It is fine as long as the I-94 # matches your white I-94 number and you are allowed to work for the new employer until the DOE of that I-94.

[txh1b]

my new i94 number not matching with my i94 in the passport , but the new i94 number has a validity untill feb 2011.

It is a serious problem and an error which could result in you being deemed out of status or working without authorization at a future date. It is very important to get it corrected.

Your attorney, whoever suggested it is okay is NOT right. They need to get it corrected ASAP.