que1mm1 Posted February 20, 2019 Report Share Posted February 20, 2019 I am currently employed with a company A. I have got an offer from company B for which I had got the transfer receipt and was waiting for the transfer approval. But recently due to emergency I had to travel outside of US. I came back to the U.S on second week of January. I mentioned to the immigration officer that i am currently employed for Company A and did not mention anything about company B(as i only had the receipt). Therefore, the I94 i received has a expiry date for my Company A which is Dec 2021. After entering, yesterday i came to know that my visa transfer for Company B was approved on first week of January itself. The new I797A for Company B has the end date until Nov 2021. I am planning to join Company B in few weeks. 1) Will this order of events cause any issue? 2) Getting an I94 card on Company A basis even after a visa transfer for another company B has been approved cause any issues? 3) Do i have to update my I94 according to company B by doing a re-entry immediately? Or can this be corrected the next time i visit India? Thanks. Link to comment
pontevecchio Posted February 21, 2019 Report Share Posted February 21, 2019 Will you be working for A for a few days before joining B? Link to comment
pontevecchio Posted February 21, 2019 Report Share Posted February 21, 2019 Nothing gets transferred in a so called H1 "transfer". You came back to finish your stint with A and you have 30 days to join B in any case. I see no problem in the scenario. Link to comment
que1mm1 Posted February 24, 2019 Author Report Share Posted February 24, 2019 Talked to the attorney. When H1 is approved for a company, an I94 is associated with it. So Company B approval I797 has an I94 associated with it. When i entered the US and did not reproduce the new I797 (Company B), an I94 was generated with the Company A date. I94 Company A(Original) -> I94 with Company B(Approval) -> I94 with Company A(Emergency trip) => I94 with Company B(Re-entry) This is what the attorney mentions, puts the whole series of events in the gray area. To sort it out, the attorney has recommended to do a re-entry. This time give the CBP officer the Company B I797. Such that the new I94 will have the expiry date of Company B and things will be streamlined. Link to comment
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