Travel AFTER H1B transfer but before start date?

[Raj1994]

More on H1B transfer!

Say my H1B transfer from employer A to employer B is approved, but the start date for employer B is about 2 months away.

Can I travel and re-enter within a month using I-797 of employer A (as per INS rules, one cannot enter before 10 days prior to starting date; so cannot enter based on employer B)?

If so, will the officer at POE give me an I-94 based on employer A. Will he/she know about the second approval, and would that cause problems?

Also, if I re-enter based on employer A, what would happen to the I94 that came with the employer B approval?

If need a H1B visa stamp on my passport for re-enry, I should use employer A's approval notice?

Thanks very much in advance.

 

[jaxen]

No it will not cause problems at POE.
Employer A's I94 will override the I94 that came with H1 transfer approval.
You can travel out again and show new approval 9 days before start date and start working for company B.

I am not clear about the last question. Dont you have a stamp from employer A? Why do you need a stamp? For company B? If you try to get a stamp for company B, consulate will cancel company A's H1 and so you will have to wait for 2 months before entering US. But this will solve the I94 problem.

 

[Raj1994]

Thanks, Jaxen. I do not have a H1B stamp based on employer A, as I changed status F1 to H1 from within the US.

So if I understand right, at the time of leaving the US, all I-94s the person has are gone and invalid? So when the person re-enters, whatever the new I-94 is, decides the fate of the person? Perhaps this is a consequence of the so-called last-action rule? If there are any official websites for further reading, do let me know. Thanks again.