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I-94 expiring soon..need your input

Discussion in 'Immigration Matters' started by pandusk, Aug 4, 2010.

  1. pandusk

    pandusk Gold IL'ite

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    [FONT=Arial, Verdana, Helvetica][FONT=Arial, Verdana, Helvetica]

    Need your help,my DH got I-797 from employer A when he was in India and got visa stamped through him but as that company was closed prior to his arrival to USA then got this transferred to new employerB while in India, but at POE he was given I-94 based on old employer A which is valid till Aug 30 2010 and Employer B I-797 is valid till Sep 2011, as DH was in India even for second I-797 he did not get new I-94.

    Now DH got permanent position in one of the company and they applied for his H1 transfer and got receipt but not approval.They asked him to join once it is approved so he is still with Employer B
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    [/FONT][FONT=Arial, Verdana, Helvetica][FONT=Arial, Verdana, Helvetica] need your help on what steps should we take [/FONT][/FONT][FONT=Arial, Verdana, Helvetica][FONT=Arial, Verdana, Helvetica]with I-94 and visa of employer A.

    Thanks for looking....
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  2. bharathitagore

    bharathitagore New IL'ite

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    Hi,

    The one thing I know for sure is..don't ever let your I-94 expire. It is a very big deal.

    Ask the attorney from the new company that he has a permanent job now abut what you shud do. May be go to canda or mexico for a day and come back with a new I94
     
  3. SreeSri

    SreeSri Gold IL'ite

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    One thing you may want to note is that the LATEST I-94 overrides any existing I-94s.
    For example, your DH's Employer B I-797 carries an I-94 at the leaf. This is valid till 2011 as you said, but AFTER this, your DH entered into US and got a shorter term I-94, which is latest and effective.
    Now you have one good option if you are able to convince the full time offering new company. Since they have filed for H1 transfer and got receipt notice already, your DH can start working IMMEDIATELY to that company. While H1 transfer is pending, your DH can be safely on status in US.
    Alternatively, your husband can quickly cross the border (if you are in Texas, cross Mexican boarder) and get it stamped, enter back. This is Quick and Easy way.
    Let me know if you have any specific questions
     
  4. pandusk

    pandusk Gold IL'ite

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    Thanks Sreesri.

    Does I797 B has I94, as I have been told that I797A has I94 and this comes only when H1 trasnfer or extension is done within US..

    However Empployer B's I797B was done when in India, so does not have I94.

    Also, Employer C has filed H1 transfer and we have received I797C. Is that good enough to join Employer C and retain the status.
     
  5. SreeSri

    SreeSri Gold IL'ite

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    The answer is YES
     

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