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Transfering with Already approved Petition

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  • Transfering with Already approved Petition

    Hello Guys,

    Let me tell you all the situation. Lets say I have 2 approved Notice (i797) and I go to consulate and get it stamped from emp A.

    1) If suppose emp A asks me not to travell till xmonths and in the mean time emp B wants me to travel, Can I travel with the same Visa stamped but at poe showing emp B's i797 (since I am travelling for emp b)

    2) If I join emp A in US and he is either not payin me bench or for some reason I dont like, then can I just join company B, with out any notice to uscis. (Since I have already approved petition)?

    Do you think there is any potential danger

  • #2
    1. Yes

    2. I think it is possible to switch without doing anything. But the I-94 is usually annotated with the employer name. You might have to enter and get a new I-94 with the new employer name. Talk to a lawyer on this one as I have seen a lawyer mention it but am not sure. Not getting paid on bench is illegal and that will put you our of status. Any changes in employment is risky at that point in time. Attorney consultation is the best.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.