I797 B with valid visa and I94 from previous employer.

[murthy216]

Appled for H1B transfer and got I797B.

have valid visa and I94 from previous employer. Do I need to still go out of the country to get new I94.

Have been working for new employer with old I94 as it is still valid.

expertes please advice on what is the regulation on this.

[livliv]

Why doesn't the new approval notice have I-94 at the bottom? Did USCIS find that you were not maintaining status at the time of filing? In such a case you are still out of status and you must leave and return.

[murthy216]

livliv are you positive about what you said?

The issue is because my first transfer application was rejected and my employer applied immidiately another new H1B in a week and got the approval. I did not work for a week between denial and new receipt date. I checked with the lawyer and he said as long as I have a valid i94 there is no issue. I need to leave the country before my current I94 expries and come back. He sent me some document explaining the same where people change jobs in same visa catagory and continue to work for new employer with previously approved visa and I94.

[livliv]

You should consult an experienced lawyer of your own. If USCIS thought you were maintaining H1 status, they would have approved the petition with a new I-94.