H1 B - TWO EMPLOYERS - COMPLICATED - VISIT TO INDIA - MARRIAGE

USA H1B Visa
1

Hi,I am currently on H1B with Employer1 and I got an offer from Employer2 and my H1 transfer is complete and I have the approved i797 with me. But the start date with Employer2 is in January 2017.My wedding got fixed in November 2016. I am travelling to India and I plan to return to US with my spouse on H4 in December 2016. My questions are below.1. Should I be worried or take care of anything with this plan?2. Will there be any impacts to my Visa before or after joining Employer2 in January 2017?3. Will there be anything that I need to take care of before joining Employer2?

  1. Which i797 should my spouse use for H4 visa interview. Because I am still with Employer1, should we use Employer1’s I797 or should we use the Employer2’s i797.Appreciate your help!Thanks!
2

Which employer do you plan to work for after returning to US in Dec? Employer 1 for few weeks and then for Employer 2?

3

HI Saurabh,

Probably… if everything works out well with Employer2 after I come back in December.

If you can, please provide answers to the queries I had.

Thanks!

4

When you enter US, you will have to show a petition and would be issued I-94 for that employer. Let’s say you show Emp 1 as you plan to work for them for sometime. You cannot switch to Emp 2 seamlessly in future until an amendment is filed for Emp 2’s petition.

You always need an I-94 in the name of the employer you plan to work for. I would say if you plan to work for Emp2 long term, then enter on 2’s petition and not 1’s.

5

Thanks for the response Sauarbh.

I see what you are saying. Please correct me if I am wrong.

My Petition with Employer2 was applied on my current i94, which is approved.

But when I return after the trip my i94 gets updated and this has to be corrected in the Employer2 petition and they have to make an amendment. Is that correct?

Also my question was around H4, which petition should I use for her interview.

Appreciate your response!

6

Yes, that’s correct understanding about I-94.

IMO, she can carry either if both employers are still supporting your case. However, 2 would be preferred as you plan to work for them long term.

7

I am not sure, how it will work out once I come back to US. So, planning to use my old/current Employer1 s petition for my spouse’s interview.

In that case, should I be doing something later when I join Employer2, for her H4 visa?

Also when I come back I feel below are the steps I need to take care.

Ask the employer2 to ammend my petition with new I94 and then join the company

If any change needs to be done for h4, it has to be taken care.

8

H-4 visa holder’s status is tied to H-1 holder’s status. So as long as you take care of H-1 holder’s immigration status when changing employers, no action is required for H-4 holder. The drawback is that H-4 holder will have I-94 expiration date based upon old Emp1 while yours will be based upon Emp2.

Talk to Emp 2 before entering US, so that they are aware of what needs to be done when you join them later after returning.

9

Hi Saurabh,

Thanks a ton for patiently answering all my queries.

I really appreciate your time explaning!

Thanks!