I797B - I94 - Travel required?

[shreyash]

Hi,

 

Through my current employer(Company-A), I have H-1B visa until 12/31/2019 (with visa stamping in passport and I-94 expires same date). Now my H-1B is transferred to Company-B through Consular notify petition (I-797B, no I-94) for next 3 years. Company-B lawyer says that I need to travel outside US and reenter to activate new I-94 before I join them.

 

Q1) Is it mandatory to travel out of US and comeback? Can we approach CBP at any international airport and get the I-94 renewed?

 

Q2) Can I get the I-94 renewed when I am still on notice period with Company-A ?

 

Q3) Is the out-entry required in the passport? 

 

Q4) I have read in another forum that in a similar case, the person was not even asked to cross the border by the CBP. In that case, how is it possible to have an out-entry?

 

Please help.

 

[pontevecchio]

1. Yes, if the lawyer tells you to do so. CBP has no role in this.

2. Once you return on the basis of the H1 petition approval with B, you cannot work for A.

3. This makes no sense. If you are asking whether you will need a new I94 based on the approval with B on your return, yes. You will not be using Automatic Visa revalidation in case you travel to Mexico or Canada and return.

4. A forum vs your company Lawyer? 

You can plan a short trip to Mexico by Air and on returning INSIST on a new I94 based on the H1 approval with B stating CATEGORICALLY but politely that you are NOT using AVR.

[shreyash]

One of my friend told me that I  don't need Canadian visa to just to get the I-94 renewal. 

He said I can just go to any Mexico or Canadian border whatever is near to me cross by walk and come back to i-94 office. Is that true?

[pontevecchio]

You are able to get a new I94 at the border near San Diego. Run this by the lawyer first.