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I94 is expiring with valid H1B petion

Delray Beach, FL |

Hi, I have valid H1B petition from present employer till June 2014 and traveled to US on my previous employers visa which is till Aug 2013. I got i94 date as per my previous employer visa i.e till Aug 2013. what should i do now after Aug 2013?

Please help..

Thanks,
Ranga

Attorney Answers 3

Posted

To be safe, you should contact consultate to update your I-94 so if you travel again you don't have problems but I don't see an issue as your present employer is good to 6/14.

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Posted

You should have mentioned at the airport that you now work for a different employer and shown the approval notice of the present EMPLOYER'S petition.

The safest thing to do is obtaining a new H-1B visa with the present EMPLOYER'S name on it.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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2 comments

Asker

Posted

yes, I have shown them the visa and new petition and told them that i switched the organization. they told me that they are giving the i94 with visa expiration you can extend it later

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

This sounds as though the inspector at the port of entry. Depending on the specific facts of what happened it may be able to be corrected by CBP. Consult with an experienced immigration attorney who can review the facts of your case and recommend how best to proceed.

Posted

Mr. Behar is correct ... if you used a previous employer's visa to enter the US ... with no intention of working for that employer ... you have problems.

Talk to the current employer's immigration attorney for assistance in straightening things out.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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