Issue with joining the company 'B' with company 'A' I-94

[ravikiran18]

Hello All,

I am currently on H1B for company ‘A’. I have got an offer from Company ‘B’ and my H1B petition with Company ‘B’ got transferred and approved (in Dec 2011) and new I-94 is up to Dec 2014.

After my petition got approved, I travelled to India and came back (In February 2012). Now my new I-94 is as per the Company ‘A’ H1B petition i.e Nov 2013.

I am going to join Company ‘B’ next week (I am serving notice period with company ‘A’ now).

Immigration service group of Company ‘B’ telling that I can’t join company ‘B’ now as I entered USA on company ‘A’ visa stamp and I-94 is as per that. They are suggesting two options to me now

a) Applying new petition again with company B (or)

b) Go out of country and get stamp with company ‘B’ petition and come back with new I-94.

I am not interested to do any one of the above as I am on notice period with company ‘A’ and also I heard those are not required.

Please clarify me

1) If we send the new petition (company ‘B’) to USCIS by asking updated I-94, can we get the new I-94?

2) Is I-94 or visa stamp problem to join company ‘B’?

3) What is best way to do in this scenario?

4) What may be the reason of company ‘B’ against the joining?

Thanks for your help in advance.

[livliv]

The advice above is correct. You have to get an I-94 based on B's petition in order to work for B. The easiest way is to go to Canada or Mexico and return with your current Visa and B's petition approval notice. Make sure you turn-in your current I-94 to the airline (if by air) or Canadian/MExican border agency (if by road) when you leave the US, so that when you return you will get a new I-94. You will of course need Canada or Mexico's Visitor Visa, which is normally very easy to get if you apply in person.

[ravikiran18]

Thanks for your reply.

I return with my current Visa and B's petition approval notice from Canada, but assuming POE Officer gives me I-94 as per the A’s visa stamp rather than B’s petition.

Will this again stop joining the company 'B'?

[livliv]

You can insist on I-94 according to B's petition. They will give it if you ask politely but firmly.

Even otherwise as long as you show B's notice and state that you intend to work for B and make sure the officer has understood it, you can work for B as long as the I-94 is valid.

[ashluck]

You can insist on I-94 according to B's petition. They will give it if you ask politely but firmly.

Even otherwise as long as you show B's notice and state that you intend to work for B and make sure the officer has understood it, you can work for B as long as the I-94 is valid.

livliv,

Any idea whats the guideline/rule for Immigration officers while issuing I-94 in such cases. "joining" was still working for company A when he entered US and not company "B". If he was issued I-94 as per "B", would that not have made his remaining days at A illegal?

[livliv]

livliv,

Any idea whats the guideline/rule for Immigration officers while issuing I-94 in such cases. "joining" was still working for company A when he entered US and not company "B". If he was issued I-94 as per "B", would that not have made his remaining days at A illegal?

Date of expiry - It is normally given as per the petition that the person shows but not necessarily. It may be given as per Visa expiry or Passport expiry. This is not related to which employer you are allowed to work for.

CBP officers normally ask you which employer you work for. You have to answer correctly as to whichever employer you intend to work for entry is granted and that can be different from the one mentioned on your Visa. They make a note of this in their system and that answer matters. If you say A or show A's petition and intend to work for B, that is considered as misrepresentation. It is also possible that the CBP officer mistakenly enters the name as per your Visa in their system and does not look at the petition. That's why it is important that you make sure they have understood your answer correctly. If the I-94 is according to the petition, that means they have understood. If it is not, they may not have understood and a polite mention that you are using a different petition will help.