When I have an unexpired h1 stamping in my passport,do i have to visit India for stamping again if I file H1B transfer via Consular Process in US?

[Mr.Rao]

Thank you Jairichi.

 

I am not sure whether I can ask this.

 

a) With a H1 stamping valid till Oct 2015 and the new approval notice I am going to receive for the company B can I travel to Mexico or will I need additional visa to travel to Mexico?

 

b) If I do travel to Mexico to just re enter(i am not going for visa stamping as I already have a visa stamp for H1), is it ok to go visa road? or it always have to be any air port?

 

Thank you for your support and advice till now Jairichi.

[jairichi]

Thank you Jairichi.

 

I am not sure whether I can ask this.

 

a) With a H1 stamping valid till Oct 2015 and the new approval notice I am going to receive for the company B can I travel to Mexico or will I need additional visa to travel to Mexico?

 

b) If I do travel to Mexico to just re enter(i am not going for visa stamping as I already have a visa stamp for H1), is it ok to go visa road? or it always have to be any air port?

 

Thank you for your support and advice till now Jairichi.

1. I believe with a valid H1B visa you can cross US-Mexico border and get a new I94. You do not need a visitor visa to Mexico. Check with an attorney.

2. Road should be fine.

[Mr.Rao]

Thank you Jairichi. Sorry that I am spitting questions one by one but that is how I am getting them in order.

 

 

a) Since they mostly do not collect the i94 when we travel to Canada or Mexico, should I be voluntarily submitting the printed i94 when I leave the country?

 

b) What should be the reason I give the immigration office at the POE of Mexico while I enter Mexico?

 

c) Is there any minimum number of days I should stick to before I re enter the country or I can just visit Mexico in the morning and head back in the evening.

[jairichi]

Thank you Jairichi. Sorry that I am spitting questions one by one but that is how I am getting them in order.

 

 

a) Since they mostly do not collect the i94 when we travel to Canada or Mexico, should I be voluntarily submitting the printed i94 when I leave the country?

 

b) What should be the reason I give the immigration office at the POE of Mexico while I enter Mexico?

 

c) Is there any minimum number of days I should stick to before I re enter the country or I can just visit Mexico in the morning and head back in the evening.

a) You can. But, I believe now it is not mandatory as everything is online.

b) The truth that you wanted to get an extended I94.

c) Nope. You can just cross the border and re-enter.

[Mr.Rao]

Thank you jairichi. Now I am back with few more questions.

 

You know my case, but still I am re iterating the points.

 

I am laid of on March 5th 2014.

Petition revoked on March 27th 2014.

 

Got offer from company A and H1 Petition filed on April 9th via premium processing(supposed to be CONSULAR as well, but they did not file consular)

Received RFE for the petition filed by company A asking for SOWs and my pay slips.

RFE yet to be responded. When I checked with them there will be delay on the employer side to respond to the RFE.

### Attorney of this company says, since I have a petition under process, I have time to stay in the US till my case is adjudicated.

 

 

Got offer from company B and they filed H1 via Premium Processing and Consular. Status yet to be known.

 

Now, I know I am kind of aggressive but wanted to get a better offer than company B(as this was a very small company and I accepted offer because I did not had a chance). I got an offer from company C now which is far better than company B in all aspects. They are will to file my H1 transfer.

 

With the above situation:

 

a. Am I valid to stay in the country till the company A's and company B's petitions are adjudicated ?

 

b. I am sure by the time company A responds to the RFE, company C will file the petition, and by the time company C files the petition, company B's petition will get approved. In this case, while filing the petition via company C:

 

Do I need to mention only company A's petition as parallel processing or do I need to mention about B as well even if B's petition gets approved by then?

 

c. As always to confirm, parallel processing should not be a problem unless the company and the documents are valid and sufficient right?

 

d. Considering both B's and C's petition gets approved, I have the option to chose which i797 to use while re entering the country right?

 

e. And do the company B has the right to chase me legally if I decline their offer post the H1 transfer is approved?

 

Thank you in advance for your responses again. 

[jairichi]

a. At the time of company A' H1B petition filing you were out of status. Mere filing of H1B petition after being out of status will not provide you any legal status in US. Confirm this with an attorney.

b. Disclosing of A's petition is enough.

c. Yes, that is correct.

d. Yes.

e. If you have signed any legal document with company B that you are liable for damages if you do not join them then you are bound by it.

[Mr.Rao]

Thank you for the answers jairichi.

 

a. At the time of company A' H1B petition filing you were out of status. Mere filing of H1B petition after being out of status will not provide you any legal status in US. Confirm this with an attorney. - MY ATTORNEY SAYS I AM IN VALID STATUS TILL THE CASE IS ADJUDICATED.

 

e.If you have signed any legal document with company B that you are liable for damages if you do not join them then you are bound by it. - THERE NO SUCH CLAUSE ABOUT PAYING THEM BACK THE LIABLE DAMAGES IN THE OFFER LETTER.

 

As a supplement to question B, if the petition of company B is not approved before company C's petition filing, then I am bound to disclose company B's petition details as well right?

 

Thank you in advance jairichi.

[jairichi]

Thank you for the answers jairichi.

 

a. At the time of company A' H1B petition filing you were out of status. Mere filing of H1B petition after being out of status will not provide you any legal status in US. Confirm this with an attorney. - MY ATTORNEY SAYS I AM IN VALID STATUS TILL THE CASE IS ADJUDICATED.

 

e.If you have signed any legal document with company B that you are liable for damages if you do not join them then you are bound by it. - THERE NO SUCH CLAUSE ABOUT PAYING THEM BACK THE LIABLE DAMAGES IN THE OFFER LETTER.

 

As a supplement to question B, if the petition of company B is not approved before company C's petition filing, then I am bound to disclose company B's petition details as well right?

 

Thank you in advance jairichi.

a. Good to know that.

e. Then you are good.

 

If company B's petition is not approved before C's approval there is still no reason to disclose B's details.

[Mr.Rao]

Thank you for the answers jairichi. I have few question as always :)

 

"If company B's petition is not approved before C's approval there is still no reason to disclose B's details." - Do you mean to say there is no need for us to voluntarily furnish the details of our petitions that are working in parallel?

 

Another confusing question:

 

Just to save my out of status time in the US, can I fly out once B's petition is approved and enter the country with new i94 with the help of company B's i797 and wait for company C's petition to get approved and start working as soon as the petition is approved for company C? or even in that case I need to go out again and re enter to work for C?

[jairichi]

Thank you for the answers jairichi. I have few question as always :)

 

"If company B's petition is not approved before C's approval there is still no reason to disclose B's details." - Do you mean to say there is no need for us to voluntarily furnish the details of our petitions that are working in parallel?

 

Another confusing question:

 

Just to save my out of status time in the US, can I fly out once B's petition is approved and enter the country with new i94 with the help of company B's i797 and wait for company C's petition to get approved and start working as soon as the petition is approved for company C? or even in that case I need to go out again and re enter to work for C?

1. That is correct.

2. If your H1B petition with C is pending: You can fly outside US once B's H1B petition is approved but you can enter US with a valid H1B visa and I797 only if you intend to work for B. In case C's petition is approved as consular processing after you entered with B's documents you will still need to exit and enter US. Confirm with your attorney also.

Ideal way would be request C to do PP and you will get a decision in 15 calendar days. If consular processing then exit and enter immediately with a valid H1B visa and I797 from C.

[Mr.Rao]

Thank you Jairichi.

 

So as per your conclusion:

 

1. No need to mention about company A's or B's petition details while filing company C's petition.

 

2. Better to leave the country and enter depending on which company I wish to work for. If its B, then I have to re enter once B is approved and if I am willing to work for C, then get C approved leave the country and then re enter with C i797.

 

Thank you in advance again.

[Mr.Rao]

Supplement to the above topic jairichi.

 

will they collect the i94 when i leave the country if my trip is going to be less than 30 days?

 

someone gave me an information that while travelling to mexico or canada if its less than 30 days of trip the airlines officers may resist to collect the i94.

 

please throw some light  on this.

 

Thank you as always jairichi.

[JoeF]

The I-94 is electronic nowadays.

Old paper ones are not collected if you travel to Canada or Mexico for less than 30 days.

[jairichi]

If the travel is less than 30 days you have the option to cling on to I94. This is called Automatic Visa Revalidation (AVR). But if you need a new I94 at POE then you need to surrender and specifically request a new one when you re-enter.

[Mr.Rao]

Thank you JoeF and Jairichi.

 

When I am entering the US at the POE if I show my passport with the old visa stamping(valid till Sep 2015) and new i797(yet to see the validity) will the officer by default go for issuing a new i94 with the new i797 or I need to request him? If I do request will he be questioning me the reason for my request? ( i can say the reason that i am going to work for a new employer right?)

 

I am bit worried because(as you already know) I am out of status for nearly 90 days and I am really concerned whether asking him specifically for the new i94 may trigger more questions from the officer. Will letting him know my situation as consular processing reduce my chances of getting a new i94 and entering the country?

 

Thank you as always Jairichi.

[jairichi]

Thank you JoeF and Jairichi.

 

When I am entering the US at the POE if I show my passport with the old visa stamping(valid till Sep 2015) and new i797(yet to see the validity) will the officer by default go for issuing a new i94 with the new i797 or I need to request him? If I do request will he be questioning me the reason for my request? ( i can say the reason that i am going to work for a new employer right?)

 

I am bit worried because(as you already know) I am out of status for nearly 90 days and I am really concerned whether asking him specifically for the new i94 may trigger more questions from the officer. Will letting him know my situation as consular processing reduce my chances of getting a new i94 and entering the country?

 

Thank you as always Jairichi.

Not by default. You have to ask the officer. Your answer would be that you have a new petition. Sometimes officers tend to overlook this part (having a new petition with an extended I94 expiry date).

Answer only for questions asked and nothing more.

[Mr.Rao]

Thank you Jairichi. 

 

What are the probabilities they may ask question my out of status stay?

[jairichi]

Thank you Jairichi. 

 

What are the probabilities they may ask question my out of status stay?

Cant predict that. Be ready to answer if asked.

[Mr.Rao]

Thank you Jairichi. 

 

In our previous discussion, you have mentioned that there is no need to specify the details of the application that are processed in parallel.

 

Company C is filing my petition tomorrow. Meanwhile, I got the approval for company A petition(with or without i94 I am not sure as I am yet to receive the i797) TODAY evening. Should I be mentioning the new i797 details in the petition to be submitted tomorrow?

 

Thank you in advance.

[Mr.Rao]

And more to add.

 

My petition by company A is approved with i94 even after they applied as consular. So not sure how that was possible :D

[jairichi]

Thank you Jairichi. 

 

In our previous discussion, you have mentioned that there is no need to specify the details of the application that are processed in parallel.

 

Company C is filing my petition tomorrow. Meanwhile, I got the approval for company A petition(with or without i94 I am not sure as I am yet to receive the i797) TODAY evening. Should I be mentioning the new i797 details in the petition to be submitted tomorrow?

 

Thank you in advance.

You can. That is not going to affect the outcome of company C's petition.

[Mr.Rao]

since i got the petition of company A approved with i94 does that mean I am not out of status any more? the date of validity is from 16th June 2014.

 

Thank you in advance Jairichi.

[Mr.Rao]

Can you please answer the question? I am quoting it again.

 

since i got the petition of company A approved with i94 does that mean I am not out of status any more? the date of validity is from 16th June 2014.

 

Thank you in advance Jairichi.

[Mr.Rao]

can you please throw some light on the above query jairichi? your answers are really appreciated. Thank you in advance as always.

[jairichi]

Can you please answer the question? I am quoting it again.

 

since i got the petition of company A approved with i94 does that mean I am not out of status any more? the date of validity is from 16th June 2014.

 

Thank you in advance Jairichi.

 I am confused here. Why would company A file H1B petition for you? Your situation is: You had a H1B visa from company A, you were laid off by company B and company C has filed cap exempt H1B petition. Am I correct?