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H1 Transfer and I-94

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  • H1 Transfer and I-94

    Hi

    My H1 petition got approved from Comp "A" with COS by Oct 2008 and received a new I-94 which expires Oct' 2011. After a month, I filed H1B transfer to Comp "B". It got approved but there is no I-94 attached.

    Does it mean that I cannot work for employer "B" unless I have a stamp.

    Previous I-94 was issued in the name of Comp "A" and I am still working for Comp "A"

    I hope my question is clear. Waiting for your answer.
    Thank You in advance.

  • #2
    txh1b, can you please reply?

    Comment


    • #3
      To work for B, you would need a visa stamped and return on B's petition and get a I-94 or have the employer B amend your petition for EOS. If you get I-94, then you can work for B without a visa stamp.

      Were you not in status while the transfer was filed? It could be an USCIS error and your lawyer could write to them asking for I-94 or I797A.

      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.

      Comment


      • #4
        Were you not in status while the transfer was filed? It could be an USCIS error and your lawyer could write to them asking for I-94 or I797A.
        Thank you txh1b.
        Yes, I was paid all the time and I had given my first paystub while filing.

        Comment


        • #5
          Your lawyer should be able to get it changed to I797A if it was USCIS error. But it will take time. It took me 2 months couple of years ago to get something similar done.

          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.

          Comment


          • #6
            Originally posted by txh1b
            Your lawyer should be able to get it changed to I797A if it was USCIS error. But it will take time. It took me 2 months couple of years ago to get something similar done.
            Thanks txh1b. I almost planned to fly back to home country for stamping.
            I will talk to lawyer about it. Thank You very much.

            Comment

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