I94 date is not matching petition date, 2 approved petitions..

[dayakar022]

Hi my issue is regarding my i94 and current amendment petition. 
key details as follows: 
1) Original petition filed by company 'A' and valid till Aug'2017 and not revoked by A. 
2) Transfer petition filed by company 'B' and valid till Oct'2016 active. 
3) Traveled to USA for the first time on Feb 8th 2016 
4) Got I94 expiry date till Sep'2017 
5) B's petition location is for New york. Filed amendment petition as got project in California on 23rd Feb 2016. Normal processing and no decision made till now. 
Questions: 
1) As clearly my I94 is wrong or mismatch with my B's petition expiry date. But, it is for long time than B's petition. Will there be any issue in future? 
2) Can my B's amendment petition converted to Premium processing considering QN 1? 
3) Can I travel outside of USA and come back while my B's amendment petition is under process? 
4) Am I maintaining legal H1B status provided working on B's petition and location change amendment is filed timely before I start working in new location? 
Note: When I ask my employer to make amendment petition to PP, he raised concerns about my status, E-E relationship, amendment petition processing. He is asking me to go outside of USA and come back on B's petition. 
 

Please help me.

[pontevecchio]

Did you enter using the petition from A and then started working for B?

[dayakar022]

I entered with the visa stamp which I got from A. When at the POE, officer did not asked about my petition and I had not shown any. He has given I94 expiry date as my visa validity+10 days. 

[pontevecchio]

You cannot enter without a approved H1 petition. Hence you showed some H1 petition and that was the one from A. You need a better class of employer. You also need to get legal advise about your situation and soon. Please talk to the firm of Murthy or any of your choice.

[dayakar022]

Hi  Pontevecchio,

 

I did not say I entered with petition of A and started working for B. I said I entered with the visa stamp of A. While at the POE, I have 2 APPROVED petitions in my hand each one from employer A and B respectively. Soon after landing I joined B as it is approved and valid at that time. One more thing, Immigration Officer did not ask me on which petition I was travelling and neither I showed him any petition. He simply took my passport and given entry stamp. He given expiry date as per visa expiry date.

  

Thanks

Daya

[pontevecchio]

Exactly my point. You entered with the visa which by the way is not necessarily employer specific and gave the impression that you were coming over to join A when you came over to join B. It is incredible folly to show more than one petition to the POE Officer.  Leave the country, and return on your current H1 visa and the petition approval from B and things are back to normal. Do not ever show multiple petitions in future when coming back.

[dayakar022]

I got your point. But now apart from approved petition by B, he also filed amendment petition which is currently under processing. No decision made yet. Considering this situation:

 

1) Can I go outside USA and come back while amendment petition is under process?

2) Can my family apply and go for H4 visa stamping at this moment?

3) Can my amendment petition converted to premium processing?

 

Thanks

Daya

[pontevecchio]

If you have already started working in CA, you need to wait for approval and PP is possible. Your family needs to wait for approval. On the other hand if you are still working in NYC it may be possible for them to get the H4 visa based on your current petition.

 

Now let me be honest. No judgements here. Please consult say the firm of Murthy ASAP. There seem to be too many red flags by your new employer. Once a situation is a tad complicated then that is the time to seek legal assistance. B mentioned NYC in their petition and in a few days changed that to CA. Get professional help. Any further advice I give may be counter productive. Best of luck. Keep us informed.