Where is the I797 petition number( EAC-xx-xxxx) on electronic I94 card


arjunmca

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Posted

Hi All,

 

As you know physical I94 is not issuing at the port of entry, Immigration officers are updating I94 electronically.

 

I have a different situation. Can any body answer to my situation.

 

Employer A I797 validity date: 09/2015 

Employer B I797 Validate date: 09/2014

 

I have transferred my H1b from employer A to another employer B,  got H1b approval, but there is no I94 along with approved I797 copy. And also USCIS clearly mentioned that extension of stay not given with this approval and notified Hyderabad consulate.

 

Since i have a  valid visa i went to Mexico and came back. At the port of entry immigration officer opened my visa page in the passport and did not see my new I797 copy. He put a stamp on a passport as i admitted to the country with current date. I checked my new I94 card in electronic system on the same day, it shows a new I94 number but my new I94 expiry date as my employer A petition expiry date. It means that he issed my I94 based on old employer name. 

 

In the physical I94 cards they used to put I797 petition number( EACxxxxxxxxx) on the back side of I94.

That means the I94 is issued based on the employer who filed that petition. In the electronic I94 Where can i see EAC number?

 

How can i confirm that my new I94 issued based on my new employer.  Going out of the country and coming back gives extension of stay or the new I94 must be based on the current employer?

 

Thanks.

 

 

 

 

Posted

Hi All,

 

As you know physical I94 is not issuing at the port of entry, Immigration officers are updating I94 electronically.

 

I have a different situation. Can any body answer to my situation.

 

Employer A I797 validity date: 09/2015 

Employer B I797 Validate date: 09/2014

 

I have transferred my H1b from employer A to another employer B,  got H1b approval, but there is no I94 along with approved I797 copy. And also USCIS clearly mentioned that extension of stay not given with this approval and notified Hyderabad consulate.

 

Since i have a  valid visa i went to Mexico and came back. At the port of entry immigration officer opened my visa page in the passport and did not see my new I797 copy. He put a stamp on a passport as i admitted to the country with current date. I checked my new I94 card in electronic system on the same day, it shows a new I94 number but my new I94 expiry date as my employer A petition expiry date. It means that he issed my I94 based on old employer name. 

 

In the physical I94 cards they used to put I797 petition number( EACxxxxxxxxx) on the back side of I94.

That means the I94 is issued based on the employer who filed that petition. In the electronic I94 Where can i see EAC number?

 

How can i confirm that my new I94 issued based on my new employer.  Going out of the country and coming back gives extension of stay or the new I94 must be based on the current employer?

 

Thanks.

USCIS notified Hyderabad consulate and on what understanding did you go to Mexico? You need to go to US consulate at Hyderabad, apply for a H1B visa and then enter US to get I94 based on I797 approval notice from employer B.

Posted

USCIS notified Hyderabad consulate and on what understanding did you go to Mexico? You need to go to US consulate at Hyderabad, apply for a H1B visa and then enter US to get I94 based on I797 approval notice from employer B.

I have a valid visa with old employer till Sep 2015. Why should i go to visa stamping again with new employer petition?

 

Since i have a valid visa i just moved out of the country and come back with the new I94.

Posted

I have a valid visa with old employer till Sep 2015. Why should i go to visa stamping again with new employer petition?

 

Since i have a valid visa i just moved out of the country and come back with the new I94.

So why do you think USCIS notified Hyderabad consulate?

If current I94 that is provided is based on your ex-employer I797 and if you are currently working for your new employer it is unauthorized employment and if ex-employer has revoked your H1B petition you are out of status.

Talk to an immigration attorney asap.

Posted

So why do you think USCIS notified Hyderabad consulate?

 

Ans. If i dont have visa then i should go for stamping. Should i go for stamping again with new employer petition even though i have a valid visa with old employer. As far as my knowledge it is not required.

Posted

So why do you think USCIS notified Hyderabad consulate?

 

Ans. If i dont have visa then i should go for stamping. Should i go for stamping again with new employer petition even though i have a valid visa with old employer. As far as my knowledge it is not required.

Even my understanding is so. But, an immigration lawyer could be aware of something we do not know based on your case.

Posted

The fact that the 797 does not include I94 tells me that even though the petition was approved you were out of status for a period of time and that is the reason a consulate has been chosen for you to get a new visa stamped in your passport. if you think you were out of status, please consult your attorney to figure out how that can be fixed.

  • 3 weeks later...
Posted

They keep the hyderabad consulate got a reason . Technically you need to appear at the consulate again to start your work .

But if you went to the border and show your current i797 the new one approved and came back to the us , then Poe officer doesn't know what he is doing

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