H1 start Date from OCT 2013, went to India and came back , Now my employer is saying we should file new H1 ?

[praveen468]

Hello Everyone,

 

This post is for my brother, Please share your experiences...

 

My brother is on F1 and he got his H1 approved and the start date is from OCT 1st 2013, he went to india last month for his marriage and he came back to USA, now his employer is saying that they filed H1b with old i94 now since he got  new i94 they should again re file his H1b ?

 

Is this true ? now my brother need to re file his H1b again ? please advice

[pontevecchio]

Was his H1 approved while he was out of the country?

[wiweq]

Ask you brother to refer his employer a better employer or change the employer. Whatever the employer is saying is baseless.

Who paid for this H1b? If your brother paid for this, obviously the employer is trying to mint him again.

[t75]

Did he have a COS  H1B I-94 in his hand before he left? If so, where is it now?

[praveen468]

Firstly, Thank you for your replies, Am sorry for the delay, His H1 was approved when he was in USA, then he went to India, and his employer has confirmed that they need to File new i94 amendment. This is the latest update from the employer.

[rahul412]

Firstly, Thank you for your replies, Am sorry for the delay, His H1 was approved when he was in USA, then he went to India, and his employer has confirmed that they need to File new i94 amendment. This is the latest update from the employer.

Never heard about I94 amendment.

What's his current status??

[drashyamprasad]

He is currently on F1 status 

he re-entered USA with F1 status and new I-94 

the Old I94 is given at the time of his departure to India 

The H1 approval is with old I-94 

His employer says for H1B to be activated on October he should amend H1B to his new I 94

Thank you very much for your help

[chakrakr]

Read thsi and share with employer --- http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/

 

However,  if the employer want to file another H1 COS , why do you brother care ?

[praveen468]

Thank you for your replies, My brother will update to his employer, I will keep you posted , Thanks you :)