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Venkat d

1 94 extension while location change amendment is is RFE status

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 Hi
1.) I have valid h1 visa till 2020 july, 
2.) while I-94 is valid till 2019 july(passport expiry reason got i 94 only till this date)
    with employer A . 
3.) And also I have amendment for client and location change in progress 
    in which I got RFE recently.
I need suggestions in following situations.
 
a.) Now can I cross the border for I 94 extension is there any risk involved?
b.) can i transfer my h1 to new employer B . Is there any risk here?
 
Thanks in advance. This suggestion would help me a lot.
Edited by Venkat d

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a. Have you renewed your passport? If yes, then when you travel before I-94 expiry and return you should be fine.

b. You can change employer but you need to go through all the work before that. By that I mean apply for new H1b, I-797 and all the necessary paperwork. Going to back to (a) if you change employer to B with new I797, you need new stamp with employer B on your passport. Also, if you apply for new H1b for new employer B, and received new I-797A (I-797A has I-94 attached at bottom), then you can leave country with no issue, provided that you have new passport.

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You DO NOT need a new visa since you have a visa valid till 2020. If you have already joined the new location, run this by your company lawyer. If not there is no problem getting a new I94 in say Tijuana.

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