In US on I-94 of Comp A, Can i transfer it to Company B


akshay4u

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Hi Experts,

 

This is my second entry into US. At the port of entry, Immigration officer didn't ask me for a petition and directly entered something into his system and allowed me in. I assume that he might have updated the same petition number as before i.e. Company A.

 

I have an approved petition from Company B, which is "new employer". So, can i change my employer on US soil or should i exit US and enter again with new petition at the POE.

 

Regards

Akshay

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Hi Experts,

 

This is my second entry into US. At the port of entry, Immigration officer didn't ask me for a petition and directly entered something into his system and allowed me in. I assume that he might have updated the same petition number as before i.e. Company A.

 

I have an approved petition from Company B, which is "new employer". So, can i change my employer on US soil or should i exit US and enter again with new petition at the POE.

 

Regards

Akshay

You are saying this is your second entry and did not you know that you have to show your new approved petition from employer B? For your question the answer is yes you can. But, if validity date on petition of employer A is different from employer B then your I94 is valid till the validity date of employer A.

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Hi,

Thanks for the reply.

Just want to confirm again, the petition which was filed by company B is not "change of employer" but it is "New employer(Cap Exempt)". In this case also can I start working for company B.

Thanks.

It is a tricky question for me. Because it is your responsibility to hand over relevant documents when there is a change in your status even though it is not asked for. Wait for other members opinion.

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  • 2 weeks later...

Even if its a new petition potentially you changed your employment from A to B.

Since you did not show the new I797, the I94 will have the details of the old employer.

In this case you cannot work for employer B. You will have to re-enter again by showing the petition from B or file for a new petition again and continue to work for A till its approved.

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