I am a physical therapist on H1b with a Homecare Company A since 2016. Recently I was transferred to a different branch (my work area/counties remained same as LCA) within the same Company A. However, the new branch functions under a different entity name Company B (EIN) and I got 3 paystubs with a Company B name. Both Companies are part of same corporation and does business under same name. My i94 is valid till Feb 2019. I need to explore my options to fix this. Any advise is appreciated.
Sounds like a franchise activity. For example McDonald’s USA will be your visa sponsor but you might work at KD Food corporation which is also a McDonald’s location but operated by Mr. KD. Why do you feel a change is needed? You will get paid by the EIN owner because that’s the location you’re working at. The State will have a DBA document available that shows that all entities are governed by same franchise.
Thank you for the info. I was told that H1B employee cannot take paystub from the Entity with a different EIN number that was not approved in a 797 receipt. The State does have a DBA document available that shows all entities are governed by same franchise. However, my employer is suggesting to file an amendment petition with an extension and then I go to home country for a consular processing and re-enter United States with a new visa stamp.
My question is, Is it necessary to go for a consular processing right away if I have not really violated my status by inadvertently working for this entity?
Consular processing is needed only when you travel and not to validate a visa class
Thank you. My employer attorney is suggesting that I go for stamping immediately after extension approval.