Urgent - New H-1 after out of status for 4 months.

V

vt1234

New Member
My brother was on an H-1 from company A and working as a consultant. He has not been paid since March 02, even though an employee of the company.
He got a job with company B and the attorney of company B said that he was out of status as he did not get paid by his previous employer.

The attorney for company B has got an H-1 approved for my brother but according to him, my brother has to go to a border post(not a consulate) and get a new I-94.

Is this going to pose any problems ?. Any information/suggestions/comments would be really appreciated.

Thanks much.
 
This is normal procedure

As long as your Bro has not been out of status for 180 days or more, he will not invite any serious debarrment procedures. Ask him to quickly go out of country and come back using new new approval.
He should not forget to put the new employer name in the I94.
 
:) Wanted to provide an update on this case. My brother came back from Canada with a new I-94 with the new company's name and the new expiration date for the I-94. The American borderpost folks in Niagara Falls were very courteous, which was where he came back into the country from.

He took the Canadian visa with his old H1 and just had to show his H-1 at the canadian embassy.

The American border patrol was ready to let him inside the country with the old I-94 but my brother asked for a new I-94. The whole family was asked to go into the Immigration office at the border and were given new I-94s within 30 minutes.

Thanks for the posting Jaxen.
 
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