I-94

[madhu78]

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 (when I was in India) 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 Nad I have not sent that I-94 (comapny B) to USCIS....can anyone please suggest me what I need to do, Am I legal to stay in US and work for employer B, will there be any problem while entering to US again, as I'm planning to goto India next month.

Appreciate all the help

[sk4ih]

Yes, You can work for B and stay until new I-94 date.

[shervin143]

You can work for employer B. Read about the last action rule in the forum. Your last received I-94 will take precedence over the other. You will have to file your extension before the last received I-94 expired (In your case, the one you received at the POE - If that is the last one).

[madhu78]

thanks! The latest I-94 I have is one from company A on my passport. I have the approved 797 from company B. so if I goto India and come back next month and at POE if I can show the company B 797 and get the new I-94, i s that correct? will there be any problembeacuse I did not send the comapny B i-94?

[txh1b]

I am not sure if others that have responded understood the case different than the way I read it.

I would say you cannot work for B unless you leave the US and return back and show the I797 at POE and get an I-94 for B.

If your H1b for B was approved when you were in US and you have never travelled, you could have directly worked for B. If B's petition was approved after you entered US with a new I-94, there is some possibility to use a gray area and work for B.

If the I-94 number that you have on the white one and the I797 from B are the same, you could possibly work for B.

[madhu78]

My H1 B from comapny B got approved when I was in USA and I was not aware of it. I travelled to India in december 2009 got the company A visa stamped and came back to USA on comapny A visa. january I quit company A and joined the company B, coz they had my approved 797. I have been working for them since january, can you please advice me, what I should do next. I will be travelling to India next month for 15 days, can I show the company B 797 at the POE while entering to US and get the I 94 for comapny B. Appreciate your advice Txh1B.

I am not sure if others that have responded understood the case different than the way I read it.

I would say you cannot work for B unless you leave the US and return back and show the I797 at POE and get an I-94 for B.

If your H1b for B was approved when you were in US and you have never travelled, you could have directly worked for B. If B's petition was approved after you entered US with a new I-94, there is some possibility to use a gray area and work for B.

If the I-94 number that you have on the white one and the I797 from B are the same, you could possibly work for B.

[madhu78]

any advise will be highly appreciated!