Advice: New Employer Petition approved but entering USA on old petition

[rodu]

Hi,

 

I am in an urgent situation and need some expert advice. Please let me know if any expert knows what will happen.

 

Facts:

Petition from new Employer (B) has been approved till Nov 2018. 

Petition of Current Employer (A) is valid till Nov 2015.

 

Situation: 

Because of immediate leave plans to India, B is asking to take leave from A and then join them after coming back.

 

Action:

If I take a leave from A (i.e going to India and re-entering on A's petition) then the i94 given will be as per A's petition, i.e. till Nov 2015.

 

Ques:

 

1.) Will doing this null and void B's petition, as the last action taken by me is to utilize A's petition to re-enter USA

2.) If this doesn't voids B petition, then which I94 will be valid after I join B. Is it the one as per B's I797 approval (Nov 2018) OR is it the one which i got on re-entering USA (Nov 2015)

3.) If I94 as per entering on A's petition is still valid even after joining B, then how can it be rectified. Do I need to exit and re-enter US, or will an amendment do the job.

 

Thanks

Rohan

 

[jairichi]

1. You need to use B's I797 to enter US and work for them. What is the problem in presenting that at POE?

2. Refer 1.

3. Refer 1.

[rodu]

1. You need to use B's I797 to enter US and work for them. What is the problem in presenting that at POE?

2. Refer 1.

3. Refer 1.

Hi,

 

As i stated, the problem is because I have leave plans in end of June. It will be like I join B and then after 2 weeks, go an a 4 week leave. Hence they said, to to be with the current employer (A), take leave and as soon as I come back, put my papers and join them. Hope it clarifies things. Pls advise

 

Thanks

[rodu]

1. You need to use B's I797 to enter US and work for them. What is the problem in presenting that at POE?

2. Refer 1.

3. Refer 1.

Also as stated in my clarification, since I will be taking leave from A and then join B after returning to USA, I don't think I can use B's petition (even though it is approved), as at the time of re-entering, I will be employed with A and not B.

[JoeF]

B would either have to file a new H1 with EOS, or you would have to leave the country and come back with the approved petition from B.

[jairichi]

Also as stated in my clarification, since I will be taking leave from A and then join B after returning to USA, I don't think I can use B's petition (even though it is approved), as at the time of re-entering, I will be employed with A and not B.

If you are entering to work for A then you can use A's I797 to enter US. Later you can move to B.

[rodu]

Thanks a lot for clarifying. Still a bit confused.

 

Joef: Not sure if you read my question. B's petition is already approved as of now (with date of Nv 2018).

But I will re-enter using A's petition and then join B in 2 weeks. Do you mean that me using A's petition to re-enter will cancel B's approved petition, when you say B has to again file an EOS ?

 

 

 

Thanks

[JoeF]

Thanks a lot for clarifying. Still a bit confused.

 

Joef: Not sure if you read my question. B's petition is already approved as of now (with date of Nv 2018).

But I will re-enter using A's petition and then join B in 2 weeks. Do you mean that me using A's petition to re-enter will cancel B's approved petition, when you say B has to again file an EOS ?

 

 

 

Thanks

 

I understood that very well.

If you enter with A's petition, you ABSOLUTELY have to work for A.

You can only work for B is they file a NEW H1 or if you leave and enter with B's approval notice.