I-797B Consular processing - new I-94

[vgandhi1979]

Through my current employer(Company-A), I have H-1B visa until 01/20/2016(with visa stamping in passport and I-94 expires same date). Now planning to transfer H-1B to Company-B.

 

USCIS temporarily suspended premium processing for H1B. Alternatively, Company-B filed H1B transfer through Consular notify petition and get it approved(I-797B, no I-94) for next three years. Company-B lawyer says that I need to travel outside US and reenter to activate new I-94 only then I can work for them.

 

Question:

 

Since my current passport carries visa stamping(through Company-A) until 01/20/2016, so can I travel to nearby mexico/canada and re enter US showing my new I797-B and get new I-94? Do you see any problem here?

[rahul412]

No problem.

[vgandhi1979]

Has anybody came across my situation recently and got new I-94 in the cross border?

[livliv]

Yes, that's fine.

[Attorney_21]

vgandhi1979:

 

You can enter on Company A's visa "Stamp" and Company B's (original) I-797 Approval Notice.

 

A new I-94 record should be created.

 

This is relatively routine, so I wouldn't anticipate a problem - just make sure that you present the new approval notice to the CBP inspector, or the trip will be wasted!