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H1 B transfer process - consular processing query

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  • H1 B transfer process - consular processing query

    Hello,

    I got my H1 B approved with Company A in Oct 2011. I went to India to get it stamped and returned in Jan 2012 with a new I-94 and a new visa stamped on my passport. I have a valid visa till Sept 2014 on my passport. I got laid off from company A in Feb 2012. I joined Company B, got my visa transferred and got my new H1 B approved on April 3rd, 2012. Now i plan to join Company C. I have resigned from my job (Company B) on April 26, 2012. Company C is planning to transfer my visa (consular processing) since I am out of status for more than 10 days. Once my new visa (I797 without I-94) is approved, my lawyer suggested me to go out of USA, come back with a new I-94 and then start working for Company C.

    Question - My I-94 (when i entered USA in Jan 2012) is valid till Sept 2014. Do I need to go out of USA and get a new I-94? Is it valid to stay in USA with my old I-94 (Company A)? What implications do I have to face in future if I don't go out of country and start working directly for Company C without a new I-94?
    My curiosity - Why do we need a new I-94, when I already have it?

    Thanks in advance

  • #2
    If you want to work for a company, then the I-94 should be associated with the petition approved for that company. You cannot use the previous company's I-94 to work for a new employer. Then what is the point of a petition getting approved for consular process by uscis. You being in U.S right now without a job makes you out of status on H1B which can pose issues later when you attend the visa interview or at the POE when you return back. You should leave the country immediately. Let employer C file the H1B for consular process. When the petition gets approved, use the old valid H1B visa in the passport to re-enter U.S with the new approval notice from employer C. This will get you a new I-94 at the POE associated to employer C which will allow you to work for that employer. If you accumulate a lot of out of status period, you may have to face issues later. Especially when you attend visa stamping in the future or when you file GC.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your prompt reply.

      Employer C is going to send documents to USCIS in two or three business days. Its a premium processing, I am hoping it would get approved in one month. I thought of staying in USA till then and go out of country and come back once it is approved. You are suggesting me to leave USA right away and come back asap once it is approved?

      Thanks!

      Comment


      • #4
        Yes. If you stay in U.S without a job and without pay slips, you are considered to be out of status on H1B.
        https://www.immihelp.com/h1-visa-hol...ponsibilities/


        Originally posted by abbs1409 View Post
        Thanks for your prompt reply.

        Employer C is going to send documents to USCIS in two or three business days. Its a premium processing, I am hoping it would get approved in one month. I thought of staying in USA till then and go out of country and come back once it is approved. You are suggesting me to leave USA right away and come back asap once it is approved?

        Thanks!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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