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Holding two Valid H-1 (I-797)

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  • Holding two Valid H-1 (I-797)

    Hello,

    I am currently holding 2 valid I-797 from company X and Company Y. I was initially working with Company X when they filed my H-1 and got my H-1 approved for 3 years until Oct 2013. Recently I have been hired by a new company Y and they have applied my H-1 which was approved for only 1 year until April 2013. I am currently working with Company Y and got even my H-1B visa stamped for company Y. Now my question is as my company X has not cancelled my I-797 and it is valid until Oct 2013, can I hold two valid H-1's and also in future if my H-1 does not extend with company Y can I transfer back to my first company X as they hold my H-1 and it is still valid? If yes then should I/Employer be notifying USCIS about this change?

    Thank you,
    Sri

  • #2
    Any number of employers can file petitions for you. You can only work for any one of them as long as the that employer's petition and corresponding I-94 remain valid. (unless the petitions are concurrent).
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Any number of employers can file petitions for you. You can only work for any one of them as long as the that employer's petition and corresponding I-94 remain valid. (unless the petitions are concurrent).
      Thank you for the reply.

      So since my I-94 has the New employer's petition information. So I will not be able to change my employment to another Employer even I hold a valid I-797 from that new company even if I am in US and have not attended any consulate for stamping as I already have one? I am asking you this because say currently you are hired by a company and you have their I-797 approved and you go for the Visa and get the H-1B stamped and so when we enter US the I-94 will be having that empolyers information. But after coming down we get a better oppurtunity and we change the employer and we get a new I-797 from this new company. Now as long as we do not go out of united states and return back we will not have a new I-94 even with your new employer and new I-797 you will be still having a old I-94.

      Correct if I am wrong.

      Sri

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      • #4
        Does the new employer's approval notice have an I-94 at the bottom?
        If not, you can leave the US (go to Canada or Mexico or any other country), submit your current I-94 and return with the same Visa and new petition to get corresponding I-94.
        This is my opinion and not legal advice.

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