I-94

[madhu78]

Hi,

I have a question regarding my I-94. August 2009 I changed from employer A to employer B. I worked for the employer B on the portabality of H1b ( receipt number)for one month and because of some personal reasons I had to go back to my employer A. So I quit employer B and started to work for employer A again, as they had my H1B. December 2009 I went to India and got my visa stamped that I had from employer A and returned to US on 28Dec09. Due to some buisness slow down employer A started to layoff, so I contacted my employer B for the employment. As they had received my H1B approval and they had not cancelled the H1b and offered me the job again. So my question is regarding the I-94. The one i have on my passport is employer A I-94. and I have another one which is from employer B....can anyone please suggest me what I need to do, Am I legal to stay in US and work for employer B.

Appreciate all the help

[UKannan]

Which is your latest one?

** Not a Legal Advice

[madhu78]

One on the passport is from employer A.

[shervin143]

Yes, you can work for Company B since the petition is still valid.

Read about the last action rule in the forum. The last received I-94 takes precedence over all the other I-94's. When did the transfer to Company B get approved? Was that during the time when you were in India? You are supposed to return all the I-94's when you left the country. If the I-94 in the passport is what is the latest, then you will need to return the other I-94 to the CBP.

Check this
https://www.immihelp.com/returning-u...4-form-to-cbp/

[madhu78]

Thanks Shervin.

My employer B H1 got approved right after I quit them in September 2009. I was not knowing about the approval. I got my H1B papers in 2010, so before I left to India I could not give the I94 of emplyer B at the port of departure, as it was not with me.

[madhu78]

Hello Shervin,

So do I need to submit the employer B I-94 now?

[sk4ih]

you must surrender ALL I-94's while leaving.

[shervin143]

Yes, like I mentioned before, you need to mail it to CBP with all the supporting documents mentioned in the link that I posted in my previous response. Company B's I-94 was supposed to be returned when you left country. Since you didn't do that, you need to send it by post. Follow the instruction in the below link.

https://www.immihelp.com/returning-uncollected-i94-form-to-cbp/

Hello Shervin,

So do I need to submit the employer B I-94 now?