H1b Change of Employer - I94 issue

[Sharmila Gopal]

Hi,

 

I am currently holding a stamped h1-b valid until 11/3/2014 (I94 till 11/13/2014 and is the recent one) and I also have an approved I797 from a different employer. Can I go out of the country and get a new I94 with the I797 from the new employer in the Port of Entry (before my current visa expires)? If I do so, am legally permitted to work for my old employer? Also my extension is in process with the old employer. If I go out of the country, does my extension gets invalidated as I get a new I94?

 

Thanks in advance!

[jairichi]

Yes, you can exit and enter with a valid H1B visa and new I797 with different employer. But, you can not work for old employer. Since you have left old employer by law H1B petition with old employer will be revoked.

[itsmeusa]

You can do so however you must work for a new employer, not for the old employer. Now that I-94 is mostly electronically managed, you won't see that, however IO would print the name of your employer, who you are supposed to work once you enter US, as per your approved I-797 on older paper based I-94.

 

If you go out of US while extension is pending, it does not invalidate that petition.

[Sharmila Gopal]

Thanks for your replies.

 

Is it possible to change the I94 via online to I797 (from the new employer), as I94 which I currently have (current employer) is valid only till 11/13/2014 (recently issued) but I do have a I797 from new employer which was issued during Apr/2014 and so is its I94.

 

Thanks in Advance!

[itsmeusa]

No

[Sharmila Gopal]

Thanks itsmeusa!!

 

I have one last question - Can I quit my current employer after my visa/I94 get expired (11/3/2014//11/13/2014) and join with new employer and go out of USA and get the visa stamped based on the I797 issued for new employer (dated Apr/2014) and come back to work for new employer?

[jairichi]

Thanks itsmeusa!!

 

I have one last question - Can I quit my current employer after my visa/I94 get expired (11/3/2014//11/13/2014) and join with new employer and go out of USA and get the visa stamped based on the I797 issued for new employer (dated Apr/2014) and come back to work for new employer?

You can work with current employer only till 11/13/2014. You can go out of US immediately after that and enter with a valid H1B visa and new employer's I797.

[Sharmila Gopal]

Thanks jairichi!

 

But my extension has been applied with my current employer and is pending now.

1. Still do i need to quit before 11/13/2014?

2. Is it legal to quit after my visa expires and join with the new employer and get out of US for stamping?

3. Or is it safe to wait till the extension is approved and join the new employer and get out of US for stamping?

4. Can this I94 correction (problem mentioned in original post) my be done through I150?

[jairichi]

Thanks jairichi!

 

But my extension has been applied with my current employer and is pending now.

1. Still do i need to quit before 11/13/2014?

2. Is it legal to quit after my visa expires and join with the new employer and get out of US for stamping?

3. Or is it safe to wait till the extension is approved and join the new employer and get out of US for stamping?

4. Can this I94 correction (problem mentioned in original post) my be done through I150?

1. If extension is applied then you are fine to stay with current employer.

2. If your new employer has a valid H1B petition then you can join.

3. Refer 2.

4. Either new employer files a cap exempt H1B petition and on approval you get a new I94 or exit and enter US with a valid H1B visa and new employer's I797.