Queries regarding employment change in US (Having Multiple H1 visa)

[double_click]

I got my first H1 visa approved and stamped in Oct 2006 which is valid till Oct 2009 by a company B, which I was planning to join but later on I did not. After that I got an H1-B visa from my current employer (Company A) approved and stamped in Oct 07. I travelled to US on Visa of Company A and I am working on the same for last one year in US.I want to work with company B now and I came to know that my H1 for company B is still active. I would like to know the following:

1). Can I switch to company B right away?
2). Does this require any kind of processing or transfer on my visa or petition front?
3). Do I or company B need to notify USCIS for this employer change?
4).What all documents are required from my side and company B, during this employment change or near future.
5).Currently I do not have the original or copy of petition for company B with me here in US (I have those in my home country) but I have my stamped passport for that visa with me. Can the employment change happen without this petition or will I need to work towards getting the same here before starting to work for employment change?

[txh1b]

1. Yes
2. Possible without the need for it if you just travel out and re-enter for a I-94 by showing the approval notice of that company.
3. In general it is not needed. Now that you have the I-94 from a different company, to be safe I would advise you to get a new I-94 with an annotation of the employer that you will be working for.
4. Employment letter and the approved I797 for your travel to any country that will fetch you a new I-94. (Though not needed, I would recommend it to keep the distinction clear)
5. You need the original petition I797 approval as you will be asked for it at POE in many cases to be safe.

[double_click]

Queries regarding employment change in US (Having Multiple H1 visa)

Thanks a lot! Really appreciate the prompt response.

I want your opinion on few of more things (with reference to original question no.) -

2). Currently I am not planning to travel out of US (and reenter to US) before employment change. So in this situation what kind of processing is needed?
3). Since I am not traveling out of US I'll not get a new I-94 (at POE).
Is new I-94 required if I am not traveling? What should be done for that?
4). Since I have my approved I-797 from my 2006 visa valid till now, I believe
a new I-797 is not needed. I can use my original I-797 for company B (if I manage to get original I-797 by mail). Correct?

Also my original I-94 which I received at my POE is valid till June 2010, which does not have the employer name annotated on it. I believe employer name is mentioned on I-94 received as a part of extension only. Please do advise if I still need a new I-94 with annotation for new employer.

5). Yes, I understand original I-797 will be needed at POE if I am traveling. However, If I am not traveling, until then do I need original I-797 (for employment change) ?

Are there chances of any complications in near future due to this employment change OR, because I am not getting new I-94 by reentering to USA?

Thanks a Lot for your advice!

[txh1b]

What is the validity date for that I797 of that employer? Like I said earlier, you could join without doing anything but consult an attorney as I do not feel comfortable with what seems to be okay as per the law. Report back to the forum on what you find out.

[double_click]

Queries regarding employment change in US (Having Multiple H1 visa)

The validity of I-797 for company B is until Oct 2009. Thanks !

[double_click]

Queries regarding employment change in US (Having Multiple H1 visa)

Hi,

Any update on my latest questions?

Thanks !