H1B transfer - I-797 without I-94 stub

[vrimmi]

Hello all,

 

I was working with Employer A until 01/08 with H1B and stamped visa valid until Oct-2015. My job was terminated on 01/08 and I have valid paychecks until Jan-15th. I got an offer from a start up - Employer B, they are willing to do my H1B transfer, but most likely it wont be approved until Mar-01, even though they are ready to do it in premium. So, I am expecting that, if my H1 transfer is approved, I will get a 797 without I-94 stub since I have been OOS since Jan-8th.

 

WHat are my options:

 

1. Since my H1B visa stamp is valid until Oct-2015, Do I need to get another visa stamp for Employer B? Can I just reenter with Employer B I797 and valid visa stamp from Employer A?

 

2. If I have to only get a new I-94, is it ok if I just travel to Mexico/Canada and re-enter at the port of entry? Do I have to necessarily go to India? If I go to Canada, will I need to get a Canadian visa?

 

3. My wife is on H4, does she also have to get a I94 along with me or she can wait for sometime?

 

Thanks in advance for your time.

 

 

[jairichi]

Hello all,

 

I was working with Employer A until 01/08 with H1B and stamped visa valid until Oct-2015. My job was terminated on 01/08 and I have valid paychecks until Jan-15th. I got an offer from a start up - Employer B, they are willing to do my H1B transfer, but most likely it wont be approved until Mar-01, even though they are ready to do it in premium. So, I am expecting that, if my H1 transfer is approved, I will get a 797 without I-94 stub since I have been OOS since Jan-8th.

 

WHat are my options:

 

1. Since my H1B visa stamp is valid until Oct-2015, Do I need to get another visa stamp for Employer B? Can I just reenter with Employer B I797 and valid visa stamp from Employer A?

 

2. If I have to only get a new I-94, is it ok if I just travel to Mexico/Canada and re-enter at the port of entry? Do I have to necessarily go to India? If I go to Canada, will I need to get a Canadian visa?

 

3. My wife is on H4, does she also have to get a I94 along with me or she can wait for sometime?

 

Thanks in advance for your time.

1. Exit and enter US with your current valid visa and new employer's I797.

2. Yes, you can travel to Canada/Mexico.

3. Yes, she has to travel with you as she is also OOS because of you.

[vrimmi]

Another question-

 

My ex-employer - Employer A has initiated my H1B revocation, I am pretty sure my H1 will be transferred by Employer B before USCIS acts on Employer A's revocation petition.

 

I am planning to go to Tijuana/San Ysidro border to get a new I94 stub. Will my visa stamp be invalidated after my H1B revocation? If so, will I have any issues while getting new I94, I am assuming USCIS will take atleast 2-3 months to act on H1B revocation, by then hopefully my H1B transfer and new I94 will be done.

 

Any concerns/suggestions? Am I missing anything?

 

Thanks.

[jairichi]

Another question-

 

My ex-employer - Employer A has initiated my H1B revocation, I am pretty sure my H1 will be transferred by Employer B before USCIS acts on Employer A's revocation petition.

 

I am planning to go to Tijuana/San Ysidro border to get a new I94 stub. Will my visa stamp be invalidated after my H1B revocation? If so, will I have any issues while getting new I94, I am assuming USCIS will take atleast 2-3 months to act on H1B revocation, by then hopefully my H1B transfer and new I94 will be done.

 

Any concerns/suggestions? Am I missing anything?

 

Thanks.

H1B revocation has nothing to do with you being out of status from the day you were terminated by your ex-employer. Your visa would stand good for you to enter with a valid I797 from new employer.

[vrimmi]

thanks jairichi

 

Another question - if my H1B petition is filed after my current H1B is revoked, will my transfer petition go through? My understanding is, I am already OOS since Jan 8th, so revoking my H1 should not have effect. Can you please clarify.

[jairichi]

thanks jairichi

 

Another question - if my H1B petition is filed after my current H1B is revoked, will my transfer petition go through? My understanding is, I am already OOS since Jan 8th, so revoking my H1 should not have effect. Can you please clarify.

Yes, you are out of status from Jan 8th if new employer has not filed a cap exempt H1B petition by then. Your H1B petition would be approved as consular processing. Revoking H1B has to be done by employer according to immigration law. It will not have any effect on future H1B petitions filed by prospective employers. 

[vrimmi]

So, once my H1B is revoked, will the stamped visa from Employer A be valid? Say, my current H1B gets revoked by Mar 15th, and I try to reenter USA from Mexico on Mar 20th with my new petition, will I still be granted entry or do I have to get a new visa stamp? I am thinking if revoking the petition will automatically cancel the visa also.

[jairichi]

So, once my H1B is revoked, will the stamped visa from Employer A be valid? Say, my current H1B gets revoked by Mar 15th, and I try to reenter USA from Mexico on Mar 20th with my new petition, will I still be granted entry or do I have to get a new visa stamp? I am thinking if revoking the petition will automatically cancel the visa also.

Better to apply for a visa to enter. Ask new employer's attorney about his/her opinion.

[jairichi]

So, once my H1B is revoked, will the stamped visa from Employer A be valid? Say, my current H1B gets revoked by Mar 15th, and I try to reenter USA from Mexico on Mar 20th with my new petition, will I still be granted entry or do I have to get a new visa stamp? I am thinking if revoking the petition will automatically cancel the visa also.

It also depends on your I94 expiry date.

[vrimmi]

My I-94 is valid until 30-Sep-2015.

[jairichi]

My I-94 is valid until 30-Sep-2015.

I believe you can use the existing valid H1B visa.

[reachkrishna99]

Hi vrimmi,

 

Did you cross the border and came back we are in the same situation planning to go out of country and come back with valid visa. Please reply.

 

Regards,

Krishna

 

,

[vin50mech@gmail.com]

I am in very similar situation wondering if you can put some light on what happened when you reentered back in US?

 

Re-entering US from Mexico on H1-B Visa stamp from previous employer and new I-797A (with no I94) since i was laid off in Dec 2015?

 

Now i am traveling to Mexico and re-enter (with my valid H1B visa
stamp from A + new I797A from B), I am only traveling out to get my
new H1B visa activated and get new I94, will i have any issues by
immigration officer at port of entry and will he give my new I94 as
per new I797 (Jan 2018)? I am nervous if immigration officer

will have any issue since i was not employed for short period of time
and hence i don't have a new I94 on my new I797A?

 

Any help is much appreciated

Vin