Travel during H1B transfer and multiple I-94s

[BeeKay]

Dear Experts,

I have following questions about travelling outside USA while visa transfer (Premium) is in progress.

I am working with employer "A" and employer "B" filed my H1B transfer on 10/24/2012 evening. I am planing to travel to my home country on 10/31.

I am planning to fly back to USA before 11/15/2012 and I think I can enter USA using my current Visa and I-797, both are valid till 10/2013. I will send my resignation to my current employer "A" only after re-entering USA. I really want to travel before I join new employer "B".

Can I come back using Employer "A" Visa and I-797. Then resign from employer "A" and join Employer "B"? Can I start working with Employer "B" in this case? and later go to Canada/México and re-enter using Employer "B" I-797 to get updated I-94?

If I get visa transfer approved when out of USA then which I-94 will take precedence, the one with new approved I797 or the one that I will get on POE on re-entering?

In this case I will have two I-94s, one from POE and one from approved I-797? Can I cross the border at Mexico, return both I-94 at border and come back with new I-94 using latest I-797 from employer "B"? Is it possible and what are the chances of any trouble returning I-94 or getting new I-94 at mexican border?

Thanks a lot for your time and suggestions.

[kalyan_ac]

You can travel back using the old visa and i797.If your transfer gets approved while you were in your home country, the I94 that you receive at the POE will be the correct one.

yes you can hand over both the I94s. Stamping in mexico is whole different issue, as long as you have all the documents it should not be a problem.

[usab1b]

Hi, I am working for comp X and comp Y applied for H1 transfer under normal process in Aug 2012. Now, I got very good offer from comp Z. Comp Z filing under PP for H1 transfer.

But, during Sept I went out of the US and enter through Comp X and when I entering into country at POE, I have received new I-94 card. And, I have no communication with comp Y and I didn't inform exit/entry into country to comp Y.

Question: H1 filing through comp Y have old I-94# and H1 filing through comp Z using new I-94# (which I got in Sept 2012).

Is this situation cause any problem and do I need to tell comp Y to withdraw applicationwith USCIS.

Kindly share your thoughts/suggestions

[krialta]

Any problem? - No.

It's minimum courtesy to inform the company if you are not accepting the offer, you could save one's time in future followup by the company.

[nishu.5005@gmail.com]

Hello Beekay,

Hope you are doing good..!

Did you travel back to US under the same scenario you have mentioned in the post without any issues (i.e., with old valid Visa)? If so, which date got updated in I-94 (Old Visa's on which you have entered or new Visa's)? Did immigration officer ask anything about new Visa (Like any documents regarding new Visa or just old Visa and it's approval notice is enough?)?.

Please help to share the info as I'm under the same situation and thinking if I have to cancel the travel..!! Thanks for your help in advance...!!