I have an approved H1-B starting 10/01/2016 until 09/30/2017 with my current employer (A). I was previously on OPT since October 2014. I also have a stamped H1-B Visa valid for the above duration. My Passport however, has expired on 02/19/2017. I have sent my passport for renewal and the new passport is expected to be delivered back to me in the next 2-3 weeks. While entering USA on 10/12/2016, CBF issued me a I-94 expiring with my expiring passport. Hence my I-94 also expired on Feb 19, 2017. In the meantime I have found a new job with another employer (B). They need to file an H1-B transfer for me to start working with them. Their attorney got in touch with me saying ~ "Although an expired passport doesn’t pose a challenge with an H1B transfer filing…..an expired I-94 does. Your most recent I-94 expired on 02/19/2017, the same date as your passport expiration. Although your H1B approval notice is valid through September 2017, the I-94 controls because it was issued after the H1B approval notice." Can someone kindly suggest me a plan of action on how to get a valid I-94? Can employer B file for it? Do I need to travel internationally with new Passport? Thanks!
Laws in this area are changing quickly, but for certain, this isn't an "Aviation" question. Changing the topic so that someone who practices in this area may see it and provide some assistance. Good luck to you.
Please understand that the information provided above is for general use only, and should not be relied upon for specific legal advice, as no legal advice is intended. The information is for general information and education purposes only. Please contact your attorney for advice on your specific legal problems. In addition, no attorney-client relationship is established through this question and answer/website, and any information you choose to furnish is not subject to any protection by the attorney-client privilege.
Mr. Cartwright is correct. This is not an aviation question. I will reclassify your question and hope you get more information. I would also suggest you try the find a lawyer tab.
Even though Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, it must be clear that any answers are based on limited information and particular circumstances may influence any direct advice. Any information is given strictly for guidance to seek independent legal advice.
You seem to have an attorney working on your case and has already provided accurate guidance.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline