Multiple H1's, how should one enter the US

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chandrag

Registered Users (C)
Hi All,

I need a clarification in this case.

Q.1) I am currently employed by Company A. I also have just received an approved I-797 from Company B. I have not quit Company A yet. I need to go out of US and be back, then quit Company A and then join Company B.
Now do I enter the US on I-797 for Company A or Company B? (I am sure it is Company A, but correct me if I am wrong).

Q.2) If I enter US using I-797(which expires in a couple months) from Company A, then immediately join Company B(I-94 on this I-797 does not expire for a couple years). Am I okay even after a couple months have passed and the I-94 on my passport has expired?

After a couple months have elapsed(I-94 on passport has expired at this point), can I mail my passport within the US for stamping or do I need to go out of the country to get a new stamping?

If I can mail my passport for stamping, what kind of documentation will they require(given that the I-94 on passport has failed).

If I go out of the country for stamping, I guess I should be careful in submitting my old expired I-94 and the new valid I-94(the one with the I-797) together, so that I dont get debarred.


I know this is a lengthy query, but if you are an expert at this, this should be simple. Your response is greatly appreciated.

Thanks.
 
Company A for sure

You can use H1B stamp for company A even you are now working for B, as long as your A visa is still valid.
 
Thx, Any Clarification on Question 2

Hi,

Thx for the response.

Would you know what I need to do for Question 2?

Thx
 
Risk

If U use company A Visa to enter and you get a new I94, this will not be crossreferenced with the one in the company B approval.
My take is that you might have to then do another H1 transfer just to sort out the I94 mess.

The only problem of using company B visa to come back in US is that it wont match your paystubs (and you will be lying of course). Otherwise it solves the I94 mess.

Howabout when U quit company A, you go out of US (one of the border posts) , come in using company B visa and get a proper I94 and make it accurately legal to the day?

I think you need to consult a lawyer if the travel is very important to you with specific scenarios Or else I would advise not to take up the travel before switching to company B.

Of course this is my opinion and I might be wrong.
 
How about Going out of the Country after I return

Can I come back on Company A Visa. Then Join Company B, then go to either Canada/Mexico and come back with a new Visa Stamping for the Company B I-797?

Thanks for the response Jaxen.
 
Cross referencing

is not a technical INS term. It just means what it means in english (or database english).

When you receive an approval for H1 extension or transfer, the I94 number in the new H1 is either same as the I94 you already had from the old h1 or is "cross-referenced " to the old I94 . This will facilitate that you have a continuous reference of I94s and H1s lined up properly.
By going out after you received B's I94 and entering with an entirely new I94 with company A prevents you to use the I94 (from I797 of B) to indicate status after you switch to company B.

This explanation throws another thought: How about you retain the I94 and request POE officer to reissue the same I94 again when you come back? I have heard people doing that in this forum.

Once again - consult a lawyer.
 
Revalidation of Visa

Jaxen,

Thanks for your elaborate response.

Could I not use the facility of Revalidating my visa via mail. They seem to only ask for my latest I-797 and old I-94.

Do you think they might look into details of I-94's and I-797 being lined up?

Thx
 
No need to see a lawyer

It's waste of money.

You can revalidate your H-1B anytime winthin one year your old H-1B (I-797 + I-94) expires as long as you have a new I-797.

I had mine revalidated 2 months ago. I sent both my old and new I-797 and I-94 forms to NVC.

It's OK if your old I-797 & I-94 have expried at the time you apply for revalidation.

You don't need to worry about anything. INS allows a few weeks overlap and 1 year gap between your new and old I-94 and the H-1B stamp on your passport as long as your H-1B status (I-797) is continuous.
 
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Thanks a Bunch

Hi,

This is of a great help to me. Is there a way I could get in touch with you, because I might need some input from you that I want to give my lawyer who is still unsure about this.

Your help will be greatly appreciated. You can reach me at

C.Gaajula@TriCorInd.com

Thx a bunch,
Chandra
 
Did you travel outside the country in between?

The whole issue comes in because of the travel. Did you travel between?
 
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