New petition reciept/approval while outside USA

[H1BKoolie]

Hi,

Currently on valid H1B(with sufficient validity date) and going to India for 2 weeks.

 

Recently got a new offer and about to share documents to new company's attorneys for new petition filing. My plan is to travel on current H1B and come back. Be with my current employer for a week or two and then put my papers and join new company on recipt(as no premium processing these days).

 

Question: Is it advisable to get the petition application started with new employer now( before travel) and will having one approved petition and one new petition receipt(as petition approval is unlikely in a short period) cause any problems when coming back to USA?

 

I have heard that there could be problem with two I94s when coming to USA if one has two petitions approved. Please help!

 

Thank you

 

[rksingh]

It will be better if you have your new employer start your petition AFTER you come back from India - this way you can provide them with your new I94 number.

[H1BKoolie]

Thank you @rksingh, am trying to understand what can go wrong if I get a new receipt while outside USA? Will I have problems entering USA? Will I have problems continuing with the current employer? Will I need to join the new employer immediately?

Just want to be sure that am not unnecessarily delaying the process with the new employer.

 

 

[rksingh]

There can be 2 possible complications:

1) Your new employer will file H1 with current I94 number - so when you return back you will have a different I94 number assigned at POE (you mentioned this in your original post itself). I am not quite sure in such cases which I94 number prevails...maybe the more advanced members of this forum can help clarify....

2) When you return back, your new I94 date will match your current H1 validity date from your current employer. Whereas if you wait and have the new employer file after you come back, then you will get 3 years (ie assuming you are otherwise eligible to get 3 years).

***You may want to run these different scenarios withe the immigration attorney of your new employer - ultimately its your new employer who bears all responsibilty so let them advise you taking both their and your interests into account.