My scenario is;
My H1-B visa is stamped till April 2022. So I still have almost 3 years of valid visa.
I am current in USA actively working for Employer A.
I have a received an offer from Employer B. H1B transfer is already approved under PP.
I would need to visit India for 2 to 3 weeks for personal reasons before joining B and still working with A.
Have plans to resign just after I come back to US post my vacation and then join Employer B.
Is that plan okay or does Employer B had to file for a fresh process to get I94 updated.
The ideal thing to do is, you resign your Employer A, before you visit India and re-enter US on Employer B’s approval notice. With this employer B approval notice presented at POE, you will get your I-94 reflected with the validity of the new Employer B’s end date.
Thanks Kumar but that will be a bit difficult considering some of the work related assignment I need to finish up prior switching. I have some follow-up question for you:
- Is I94 tagged to a petition or to an individual
- Even my current Employer (A’s) visa stamp is valid till Apr 2022, so the I94 which I will receive with their petition will usually be till that time frame. So, can’t I just re-use that considering it will not expire soon
- The approved petition from Employer B is also valid til May 2022, so it will only be a gap for one month if I use the old petition instead of theirs
Thanks Kumar. Yes I have sent a note to them for review but think what you just mentioned makes sense.
So, after you have received an I94 at POE and have entered inside, it will remain valid till the specified end date irrespective of whether the associated petition has been revoked or not. Correct?