H1 Transfer and I94 ISSUE

[coolguy@555]

Hi,

I applied for H1B transfer from company A to B this April 2011, and while company B petition is pending, employer A cancelled H1B, I got approval for company B on August 9 2011, for 1 year till Aug 2012.

I went to stamping this year in JAN 2011 with company A and I have a valid I94 till Aug 2013.

If I did not get I94 with company B from USICS, will my I94 with company A is valid

Or Do I need to leave the country and get new I94 card.

please suggest me. Thanks.

[Attorney_22]

Generally, when an individual’s H1B petition has been approved but without an attached I-94, the individual will not be authorized to work for the new H1B employer until the individual has entered the U.S. at a point of entry pursuant to the new approved H1B petition and obtained a new I-94 card. While an H1B I-94 is employer specific, the H1B visa is status specific. Therefore, if an individual possesses a valid H1B visa in his/her passport based on company A’s H1B petition, it is possible to utilize this visa for entry on company B’s new H1B petition (with some limitations). For a more detailed discussion regarding any nuances in your personal circumstances, please consult a qualified U.S. immigration attorney.