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arjunmca

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Posts posted by arjunmca


  1. USCIS notified Hyderabad consulate and on what understanding did you go to Mexico? You need to go to US consulate at Hyderabad, apply for a H1B visa and then enter US to get I94 based on I797 approval notice from employer B.

    I have a valid visa with old employer till Sep 2015. Why should i go to visa stamping again with new employer petition?

     

    Since i have a valid visa i just moved out of the country and come back with the new I94.


  2. Hi All,

     

    As you know physical I94 is not issuing at the port of entry, Immigration officers are updating I94 electronically.

     

    I have a different situation. Can any body answer to my situation.

     

    Employer A I797 validity date: 09/2015 

    Employer B I797 Validate date: 09/2014

     

    I have transferred my H1b from employer A to another employer B,  got H1b approval, but there is no I94 along with approved I797 copy. And also USCIS clearly mentioned that extension of stay not given with this approval and notified Hyderabad consulate.

     

    Since i have a  valid visa i went to Mexico and came back. At the port of entry immigration officer opened my visa page in the passport and did not see my new I797 copy. He put a stamp on a passport as i admitted to the country with current date. I checked my new I94 card in electronic system on the same day, it shows a new I94 number but my new I94 expiry date as my employer A petition expiry date. It means that he issed my I94 based on old employer name. 

     

    In the physical I94 cards they used to put I797 petition number( EACxxxxxxxxx) on the back side of I94.

    That means the I94 is issued based on the employer who filed that petition. In the electronic I94 Where can i see EAC number?

     

    How can i confirm that my new I94 issued based on my new employer.  Going out of the country and coming back gives extension of stay or the new I94 must be based on the current employer?

     

    Thanks.

     

     

     

     


  3. Hi,

     

    I came to US on H1b in May 2012 and got I94 till Nov 2013, this is based on my passport expiry.

     

    My current visa is valid till Jan 2015. 

     

    I Called Deferred Inspection for I94 update, but they said, they will correct only if POE made any mistakes.

     

    After all the research , I found only way to update I94 is to travel out of US and get in back with new I94.

     

    So, i have decided to go to Mexico (Matamoros) and get in back.

     

    I want to find out, is there any one travelled recently to get there I94 update. I am traveling through land and there is one service usvisamex dot com. Are there any one taken help from these people?

     

    Please, let me know, if anyone has any experiences

     

    Thanks

    When are you planning to go? Even i am in the same boat.

    Got H1b approval, but no I-94. 

    Are you sure you will get new I-94 if you travel to Matamoros.


  4. You can come back with your old visa and new I 797. Keep in mind that you are out of status if you are not working, and hence this may create issues in future applications unless you apply for a COS to another visa category.

    @txresearcher,

    Thanks for your response. Please look into my problem clearly.

    I have two I-797s from two different employers A,B till 2015. I went to stamping with employer A and visa got approved. Since employer A cancelled H1b, why can't i get status with employer B old petition by going out of the country and coming back with employer A Visa?

    To get status with employer B the below two options will work for me?

    (1) Going out of the country with employer B I-797 and coming back with new I-94.

    (2) Being in the country applying for change of status from employer A to employer B.

    Please confirm that both options will work or not and which one is best?


  5. Hi,

    If H1b petition I-797 cancels, H1b visa also be cancelled automatically?

    I have two valid I-797's till Sep 2015. I went for stamping with employer A I-797, visa approved till Sep 2015, came to US. But after two and half month employer A cancelled my H1b due to some issue.

    My questions are

    1) Is employer A visa still valid till 2015 even after H1b cancellation?

    2) To get status, can i go out of the country and come back with employer A visa and employer B I-797 or do i need to go for stamping with employer B I-797 petition?

    Please let me know.


  6. One other possibility, since there is reasonable disagreement on this issue, is to use your valid visa to travel to Canada or Mexico and re-enter. Be sure to tell the CBP when you re-enter that you will be working for a different employer, and show "Employer B's" I-797, along with the visa for "Employer A." You may be given a new I-94 or CBP may just record your entry without a new I-94. If you want a clear record that you entered to work for Employer B, you can try requesting a new I-94.

    Thanks for the reply.

    If i dont need to go for stamping, then its fine. My biggest worry is, i must go for stamping with employer B petition. As employer A cancelled H1b, am thinking that visa also be cancelled with the employer A I-797 petition.

    Please confirm.


  7. 1. No, your first H-1B visa would help you to re-enter, but you may need to present H-1B approval notice (employer B) at the POE.

    2. Same like yours. H4 is anyway derivative of H-1B visa. If she has H4 stamped, then she could re-enter too.

    @Itsmeusa,

    "No, your first H-1B visa would help you to re-enter, but you may need to present H-1B approval notice (employer B) at the POE"

    The above reply also to me? In my case employer A cancelled my H1b petition, so visa is still valid?

    Can i go out of the country and come back with employer A visa by showing employer B petition at POE for getting new I-94 or do i need to go for stamping with employer B petition?


  8. No, you do not need to go out of country and come back. You I-94 / visa are valid with new passport also.

    Hi,

    I have two valid I-797's till 2015. I went for stamping with A, visa approved till 2015, came to US. But after two and half month employer A cancelled my H1b due to some issue.

    My questions are

    1) Employer A visa is valid till 2015 after H1b cancellation also?

    2) To get status, can i go out of the country and come back with employer A visa and employer B I-797.

    or do i need to go for stamping with employer B petition?


  9. Hi,

    I have two valid I-797's till 2015. I went for stamping with employer A I-797, visa approved, came to US. But after two and half month employer A cancelled my H1b due to some issue.

    My questions are

    1) Employer A visa is valid till 2015 after H1b cancellation?

    2) To get status, can i go out of the country and come back with employer A visa and employer B I-797 or do i need to go for stamping with employer B I-797 petition?

    Thanks.


  10. Hello Experts,

    People might have asked this question previously several times but still there is lot of confusion among this topic outside. Here is the question I have for which I get mixed answers

    1.I recently got H1B visa stamping from Employer A (EV model). But now I am transfering to a Employer B (Direct Client). Do I get stamping again if I have to out of the country and re enter.

    2. If I don't have to go for stamping for my new Employer B and can re enter the country with previous Visa stamping, how does it work for my spouse visa H4 ( This is going to be first time for her for visa)

    Your employer A visa is valid until the expiry date even if you transfer H1b to employer B.

    I am also in the same boat. But little different than your case. I have two valid I-797's till 2015. I went for stamping with A, visa approved, came to US. But after two and half month employer A cancelled my H1b due to some issue.

    My questions are

    1) Employer A visa is valid till 2015 after H1b cancellation?

    2) To get status, can i go out of the country and come back with employer A visa and employer B I-797?


  11. In my case, employer A terminated and cancelled my H1b petition. I am tring to transfer after H1b cancellation.

    What is your case? Have you tried to transferred when employer A H1b was valid or after termination and cancel the petition?

    As employer A cancelled my H1b, visa also be cancelled?

    My employer B is telling that I-94 is the problem to work with them without transfering the H1b from employer A.

    To get I-94 on employer B can i go out of the US and come back with employer A visa and B I-797?

    As employer A cancelled H1b petition, visa also be cancelled immediately from the date and time of termination?

    Is it a risky process?

    @ItsmeUSA

    could you send a email to mca.arjun@gxxxx.com


  12. I can only tell you more about my own case wherein my H-1B transfer from A to B took around 15 years. In such cases, you get around 240 days valid for working with B. And my lawyer was very much concerned and was of opinion that I should stop working after 240 days. When I showed her my petition that A extended for next 2 years and then she was little relaxed saying that if you did not have this petition, you would have been in troble. I could have stayed inside US waiting to hear on transfer, but could not work. But I kept working and this particular case was never a problem. After that, my H-1B was renewed twice, I recenlty got H-1B stamp, got EB-3 I140 approved.

    If you see, I was also going by my lawyer's advice as they know more on such cases. But I kept feeding them information.

    Now that your lawyer gave you their position, you have to go by it. Hope you would settle this thing as quickly as you can.

    In my case, employer A terminated and cancelled my H1b petition. I am tring to transfer after H1b cancellation.

    What is your case? Have you tried to transferred when employer A H1b was valid or after termination and cancel the petition?

    As employer A cancelled my H1b, visa also be cancelled?

    My employer B is telling that I-94 is the problem to work with them without transfering the H1b from employer A.

    To get I-94 on employer B can i go out of the US and come back with employer A visa and B I-797?

    As employer A cancelled H1b petition, visa also be cancelled immediately from the date and time of termination?

    Is it a risky process?


  13. @arjunmca, I have had first hand experience, very similar to this, so my response was coming from that. And I still stand correct on what I said. Remember you have so-called parallel petitions. So you do not need to transfer anything to employer B. And definitely no need to go out of country and get stamping. That's absolutely not needed. Only thing is that employer B should hire you right away. The more time you loose in waiting, it will not help you. So talk to employer B and see if you can join them ASAP. I would take one step at a time rather than thinking how it will impact green card. What if someone tells you it does, will you not join employer B and go back to India. So, join employer B and tackle with problems when they arise :-) Best of luck.

    Employer B verified with attorney, he says that either Employer B has to transfer I-797 from Employer A to Employer B or i need to go out of the country and get stamped with Employer B petition and come back to US.

    Do you have a strong proof or you know any attorney who can help in this situation?


  14. Hi,

    I have a different situation. Two employers A, B filed H1b with in a week difference, both got approved till 2015. I went to stamping with employer A, visa approved and came to US.

    Due to salary issues, employer A cancelled my H1b without notice. What about my status after H1b cancellation.

    1) Am i out of status?

    2) Cant my status valid with employer B I-797

    3) If i am out of status, will be a problem for my green card process?

    Thanks.


  15. From my understanding,

    1. No, you are still in status provided you have employer B's H-1B approval notice and B is ready to hire you.

    2. Yes, please refer to 1.

    3. First get on with emloyer B asap.

    Thanks for your response.

    Some one says that even though i have employer B's I-797 valid petition, i will be out of status, because employer A's terminated me. Either i need to transfer employer A petition to employer B( New petition) or need to go out of the US and get stamped with employer B petition and enter into with employer B I-94.

    How many days it will take to cancel employer A petition in the USCIS from date of termination.


  16. Hi,

    I have a different situation. Two employers A, B filed H1b with in a week difference, both got approved. I went to stamping with employer A, visa approved and came to US.

    Due to salary issues, employer A cancelled my H1b without notice. What about my status after H1b cancellation.

    1) Am i out of status?

    2) Cant my status valid with employer B I-797

    3) If i am out of status, will be a problem for my green card process?

    Thanks.

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