H1 B Transfer and how soon should you join new employer

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vrkkumar

New Member
currently work in US on H-1B visa and live in New Jersey.

I work for a company and will refer as "Current employer". I have applied for H-1B transfer for another employer whom I will refer as "New Employer".

I am still working with the current employer.
My H-1B transfer notice is approved and I might receive it any day.

Meanwhile, I need to go to India on vacation during May. I will not be re-stamping visa as my exisiting visa with the current employer is valid till Sep 2007.

I thought I will work with the current employer till June end, thats even after the vacation in May. From July I'll start work with the new employer.

I will get my re-stamping during August or September when I visit Canada.

My questions
1. Once you get your H-1B approval notice for the new employer, how long can you work with your current (old) employer. How soon should you join the new employer.

2. When I go to India, I need to surrender the I-94, Should I also surrender the I-94 that comes with the H-1B transfer approval notice?

Important question
3. When I come back to US from India, I hear the I-94 would be issued for current employer and in that case, someone said my H-1B approval notice will become invalid or void on taking the I-94 with current employer name. Is this true, need a detailed answer for this.

4. When I return from India with the old stamping. Can I take the I-94 in the name of my new employer (i am not sure if the following is even an available option). - but if it is then Can i work with the current employer for a month and then join the new employer.
 
vrkkumar said:
currently work in US on H-1B visa and live in New Jersey.

I work for a company and will refer as "Current employer". I have applied for H-1B transfer for another employer whom I will refer as "New Employer".

I am still working with the current employer.
My H-1B transfer notice is approved and I might receive it any day.

Meanwhile, I need to go to India on vacation during May. I will not be re-stamping visa as my exisiting visa with the current employer is valid till Sep 2007.

I thought I will work with the current employer till June end, thats even after the vacation in May. From July I'll start work with the new employer.

I will get my re-stamping during August or September when I visit Canada.

My questions
1. Once you get your H-1B approval notice for the new employer, how long can you work with your current (old) employer. How soon should you join the new employer.

2. When I go to India, I need to surrender the I-94, Should I also surrender the I-94 that comes with the H-1B transfer approval notice?

Important question
3. When I come back to US from India, I hear the I-94 would be issued for current employer and in that case, someone said my H-1B approval notice will become invalid or void on taking the I-94 with current employer name. Is this true, need a detailed answer for this.

4. When I return from India with the old stamping. Can I take the I-94 in the name of my new employer (i am not sure if the following is even an available option). - but if it is then Can i work with the current employer for a month and then join the new employer.
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1) You can work for your current employer as long as you want, there is no time period. As long as current employer does not cancel the visa you can keep working.

2) Yes surrender all I-94s while leaving the country.

3) While coming back at the POE show them the visa in your passport and I-797 with your new employer you will be working for, so they can give you the correct I-94.

4) Yes I think so.

YOU SHOULD TAKE LEGAL ADVICE BEFORE LEAVING THE COUNTRY. YOU DON'T WANNA GET STUCK AT POE.
 
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