Stamping after H1 B approval, Entered on L1A visa

[amitkathuria13]

I entered in US in Nov 2011 on L1-A Visa for employer A and then later same employer applied for L1 to H1B status change through COS which got approved in Dec 2012 and I continued them on H1B Visa. Me and my family received I-94 till Sept 30, 2015. 

 

On Aug 2013, I resigned them and joined Employer B  through H1 B transfer and which got approved recently on Jan 30, 2014. My employer did not filed I-539 for my family as we all have previous I-94 from H-4 visa till Sept 2015.

 

My question is since I never got stamping done for H1 B Visa, do I need to go outside US for stamping immediately or can me and my family stay in US? I am planning to visit India in June – July 2014.

 

Appreciate your help.

 

Thanks

[jairichi]

I entered in US in Nov 2011 on L1-A Visa for employer A and then later same employer applied for L1 to H1B status change through COS which got approved in Dec 2012 and I continued them on H1B Visa. Me and my family received I-94 till Sept 30, 2015. 

 

On Aug 2013, I resigned them and joined Employer B  through H1 B transfer and which got approved recently on Jan 30, 2014. My employer did not filed I-539 for my family as we all have previous I-94 from H-4 visa till Sept 2015.

 

My question is since I never got stamping done for H1 B Visa, do I need to go outside US for stamping immediately or can me and my family stay in US? I am planning to visit India in June – July 2014.

 

Appreciate your help.

 

Thanks

As long as employer B's I797 came with an I94 attached you are fine and there is no need for immediate stamping. Your family is fine too with valid I94.

[amitkathuria13]

@Jairichi, thanks for your reply

 

I have not received I-94 for this recent H1B transfer. I have received only the I-797B approval notice and what I have read is that I-94 is never attached with i-797B. Its only comes along with I-797A or I-797C approval notice.

 

Although I have I-94 till Sept 2015 from Previous Employer A. and i am not sure if Employer A has revoked my visa or not so not sure if the previous I-94 is still valid or not. 

 

Amit

[jairichi]

@Jairichi, thanks for your reply

 

I have not received I-94 for this recent H1B transfer. I have received only the I-797B approval notice and what I have read is that I-94 is never attached with i-797B. Its only comes along with I-797A or I-797C approval notice.

 

Although I have I-94 till Sept 2015 from Previous Employer A. and i am not sure if Employer A has revoked my visa or not so not sure if the previous I-94 is still valid or not. 

 

Amit

If your approval notice does not have an I94 attached then you have to exit and enter US with a valid H1B visa and new employer's I797 to get a new I94 at POE. Otherwise you are out of status and you are not supposed to be working for your new employer.