Question about I94

[bradjoe]

I transferred from Company A to Company B and C. Company B's H1b approved with 94。
Several days later, Company C's h1b approved without I94. Can I work with Company B without going abroad and activating my I94?

[shervin143]

What do you mean by going abroad and activating the I-94. Are you in U.S now? If Yes, which company are you working for (Company A?)?

Can I work with Company B without going abroad and activating my I94?

[bradjoe]

I am current in U.S now. I already quit from Company A. Since the company C's transfer need to go abroad and reentry, I'd like to work for Company B. But I am not sure if this is OK?

What do you mean by going abroad and activating the I-94. Are you in U.S now? If Yes, which company are you working for (Company A?)?

[shervin143]

Yes, you can work for Company B. When did you quite Company A? Are you currently employed with Company C?

[bradjoe]

But according to "Last action" rule, will the company c's transfer take effect?
I quit Company A one months ago and plan to join Company B next week.

What do you mean by going abroad and activating the I-94. Are you in U.S now? If Yes, which company are you working for (Company A?)?

Yes, you can work for Company B. When did you quite Company A? Are you currently employed with Company C?

[shervin143]

Well, you have been out of status on H1B for 1 month. It could cause issues later. You cannot just quit and stay in the country without a job when you are in H1B status.

Last action rule determines the status, not the H1B employer for whom you should work. Since your petitions were H1B transfer, you will remain in H1B status and the last action rule has nothing to do with which H1B employer you should work.

However, you cannot work for Comany C without leaving the country and returning back on H1B visa & company C's petition, since the petition was approved for consular process.

[bradjoe]

So can I work for Company B without going outside US to get the I94? Although the H1b for company B has the I94, the most recent action on I94(the company C's application) is to ask me to go outside US, I am just not sure if USCIS tracks the status of I94 (if I94 also has some last action rule)?

Well, you have been out of status on H1B for 1 month. It could cause issues later. You cannot just quit and stay in the country without a job when you are in H1B status.

Last action rule determines the status, not the H1B employer for whom you should work. Since your petitions were H1B transfer, you will remain in H1B status and the last action rule has nothing to do with which H1B employer you should work.

However, you cannot work for Comany C without leaving the country and returning back on H1B visa & company C's petition, since the petition was approved for consular process.

[shervin143]

Yes, you can work for Company B without the need to go out of the country and re-enter. The I-94 associated with Company B will determine your status expiry date.

[bradjoe]

If I want to go outside and work for company C, do I need to go to specific consulate for Visa Stamping? In my H1b application,
I specify one consulate for Visa Stamping. But now I'd like to go to another place to get visa, is it OK?

Yes, you can work for Company B without the need to go out of the country and re-enter. The I-94 associated with Company B will determine your status expiry date.

[shervin143]

Check with the VFS helpdesk of the consulate where you are planning to attend the visa interview. You can either email them or call.

If I want to go outside and work for company C, do I need to go to specific consulate for Visa Stamping? In my H1b application,
I specify one consulate for Visa Stamping. But now I'd like to go to another place to get visa, is it OK?